This legal notice ("Agreement") sets out the terms and conditions governing your access to and use of the Sunkim Industries Ltd. ("Sunkim") website (this "Website"). This Website is owned and operated by Sunkim. Any access to the Website and any use of any content contained on or accessible via the Website (such content includes, without limitation, all information, data, software, computer code and web pages contained in it, collectively the "Content"): (i) is subject to this Agreement; (ii) is conditional upon your agreement to this Agreement; and (iii) constitutes your acceptance of all the terms and conditions of this Agreement.
You agree that Sunkim may modify or replace this Agreement at any time and may provide you with sufficient notice of any and all modifications or replacements by posting the changed version on the Website. You agree that it is your responsibility to check for such changes each time you access or use the Website. Any such access or use shall be deemed to mean you are accepting this Agreement, as so modified or replaced, whether or not you have viewed this Agreement, as modified or replaced.
This Agreement grants you (the "User") a limited, revocable, non-exclusive, personal and temporary license to view, access, download, experience or use ("use") the Website and the Content for your own personal and non-commercial use and conveys no ownership or proprietary interest of any kind therein. This Agreement does not give you permission to modify, reproduce, download, publish, disseminate, transmit, sell, create derivative works, display, frame or in any way exploit any of the Content, except with the express written permission of Sunkim.
Insecurity of the Internet and Communication through this Website
You acknowledge and understand that the Internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication. You agree that Sunkim is not liable for any damages resulting from the transmission, interception or corruption of communications to or from this Website. Although Sunkim will make reasonable efforts to maintain any information you provide in confidence, you agree that any information you provide or send to Sunkim through this Website will not be considered to be private, confidential or proprietary and will not be accepted as such by Sunkim. By submitting information to Sunkim through this Website, you represent and agree that such information is provided with your full consent and is not private, confidential or proprietary and that Sunkim will be free to use such information as it sees fit or as may be required by law. You assign any copyrights in or to the contents of any information you send to Sunkim and you waive any and all moral rights therein.
Disclaimers and Limitations
The Website and its Contents are made available for general information purposes only, are not intended to constitute an offering of securities of any kind in any jurisdiction and subject always to this Agreement. None of the Content constitutes business, financial, investment, tax, legal or other advice and you agree, warrant and represent that you will not use or rely on any Content for any of the same. You will indemnify and forever save harmless Sunkim, its subsidiaries and affiliates and their respective directors, officers, employees, servants or agents from any damages arising out of any breach by you of the foregoing warranties and representations.
Information disclosed under corporate securities legislation of Canadian, U.S. or other jurisdictions applicable to Sunkim, including, but not limited to, annual reports, quarterly reports, annual information forms, information circulars or press releases, is not intended in any way to be qualified, amended, modified or supplemented by information available in, through or on this Website. Although Sunkim believes this information to be correct at the time it is posted, Sunkim does not warrant the accuracy, completeness or currency of this information at all times. All information on this Website is provided strictly on an "as is", "where is" and "as available" basis without any representations, warranties or endorsements whatsoever.
Some of the information which can be obtained from this Website may contain projections or other forward-looking statements regarding future events or the future financial performance of Sunkim. Users are cautioned that assumptions used in the preparation of these forward-looking statements involve risks and uncertainties that may cause actual results to differ materially from those expressed or implied in such forward-looking statements or could affect the extent to which a particular projection is realized. There is no warranty, covenant, condition or representation by Sunkim that actual results achieved during any forecast period will be the same in whole or in part as those forecast. You agree that Sunkim shall have no obligation, nor at any time in the future, to update, revise, edit, modify or delete the forward-looking statements.
Exclusion of Liability
You acknowledge and agree that in no event will Sunkim, its subsidiaries and affiliates and their respective directors, officers, employees, servants or agents, be liable in any manner whatsoever for any loss, claim, cost or damages of any kind, including, without limitation, any direct, indirect, general, special, incidental, consequential, punitive, aggravated or exemplary damages, whether such damages arise out of any use of or misuse of, or downloading or viewing of, or interpretation of or reliance upon, this Website or its Contents, whether authorized or unauthorized, or any errors, inaccuracies, omissions or defects in this Website or the information, including without limitation, damages for business loss, harm to business, loss of profits, failure to realize expected results, profits or savings, interruption of activities, loss of or damage to data or computer systems, or any other economic or pecuniary loss or damage whatsoever, regardless of the form of action or legal theory, including tort, contract, strict liability or breach of any duty.
Trademark and Copyright
All material and information found in this Website is protected under the copyright and trademark laws of Canada and other applicable jurisdictions. The display of trademarks, tradenames or design marks in this Website does not imply that a license of any kind has been granted to any other party. Any unauthorized use regarding publication, copying or modification of information on this Website, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.
Links to Third Party Sites
Sunkim does not control any third-party website and is therefore not responsible for the content of any linked website, the functioning or availability of any such website, or any link contained in a linked website. Sunkim provides such links only as a convenience and the inclusion of any link does not imply, confirm or signify any endorsement, investigation or verification by Sunkim of the linked website or information contained therein and Sunkim makes no warranty, representation, guarantee or condition with respect to any such website.
This Agreement, your use of the Website and the Content and the relationship between the User and Sunkim in connection with the same shall be governed and construed in accordance with the laws of the Province of Ontario and those of Canada applicable therein, without reference to their conflict of laws and all matters arising in connection with the same shall be brought exclusively in the courts of Ontario.