Terms of Use

	IMPORTANT: READ THIS AGREEMENT BEFORE USING THE D.R.I.V.E.S. SERVICE PROVIDED BY GLOBIS DATA INC. (hereafter referred to as "Globis"). YOUR USE OF THE D.R.I.V.E.S. SERVICE, OR ACKNOWLEDGMENT TO AGREE WILL INDICATE YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS. If this agreement is unacceptable to you, do not use D.R.I.V.E.S. Globis is willing to provide you D.R.I.V.E.S. only if you agree to be bound by the following terms: 1. Information provided through D.R.I.V.E.S., including but not limited to, traffic information or any other type of information delivered via D.R.I.V.E.S. has been independently obtained by Globis from various sources believed to be reliable, but the accuracy, completeness, timeliness, or correct sequencing of the Information is not guaranteed by Globis or any parties transmitting or processing the Information (Hereafter, collectively Globis and Information Processors are referred to as "Disseminating Parties".). There may be delays, omissions, or inaccuracies in the Information. NO DISSEMINATING PARTY WILL BE LIABLE IN ANY WAY TO YOU OR ANY OTHER PERSON FOR (A) ANY INACCURACY, ERROR OR DELAY IN, OR OMISSION OF, (I) ANY INFORMATION OR (II) THE TRANSMISSION OR DELIVERY OF ANY SUCH INFORMATION` OR (B) ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY (I) ANY SUCH INACCURACY, ERROR, DELAY OR OMISSION, (II) NON-PERFORMANCE, OR (III) INTERRUPTION IN ANY SUCH INFORMATION, DUE EITHER TO ANY NEGLIGENT ACT OR OMISSION BY ANY DISSEMINATING PARTY OR TO ANY "FORCE MAJEURE" (I.E., ANY FLOOD, EXTRAORDINARY WEATHER CONDITIONS, EARTHQUAKE OR OTHER ACT OF GOD, FIRE, WAR, INSURRECTION, RIOT, LABOR DISPUTE, ACCIDENT, ACTION OF GOVERNMENT, COMMUNICATIONS OR POWER FAILURE, OR EQUIPMENT OR SOFTWARE MALFUNCTION) OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE DISSEMINATING PARTIES. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS, OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICE (INCLUDING BUT NOT LIMITED TO ACCESS TO INFORMATION). 2. IN NO EVENT WILL ANY DISSEMINATING PARTY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICE) EVEN IF ANY DISSEMINATING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE THAT THE LIABILITY OF ANY DISSEMINATING PARTY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH D.R.I.V.E.S. WILL NOT EXCEED THE AMOUNT CHARGED FOR RECEIVING THE INFORMATION. No Disseminating Party shall be liable for any loss resulting from a cause over which such entity does not have control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, severe weather, earthquakes, floods, acts of war, and strikes or other labor problems. 3. Globis has a proprietary interest in the Information. You agree not to reproduce, re-transmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information in any manner without the express written consent of Globis, nor to use the Information for any unlawful purpose. You agree to comply with reasonable written requests from Globis, and to protect Globis Data's respective contractual, statutory and common law rights to the Information and D.R.I.V.E.S. 4. You agree to immediately notify Globis if you become aware of any of the following: (a) any loss or theft of your access number(s) and/or password(s), or (b) any unauthorized use of any of your access number(s) and/or password(s), or of D.R.I.V.E.S. or any Information. 5. You agree to indemnify and hold the Disseminating Parties harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from your violation of this Agreement or any third party's rights. 6 Globis reserves the right to terminate your access to D.R.I.V.E.S. or any portion of it at its sole discretion, without notice and without limitation, for any reason whatsoever, including but not limited to the unauthorized use of your access number(s) and/or password(s), breach of this Agreement, discontinuance of Globis or loss of access to any Information from any of the IPs. The Disseminating Parties shall have no liability to you; provided, however, that if the termination is without cause, Globis shall refund the prorata portion of any fee which may have been paid by you for the portion of D.R.I.V.E.S. not furnished to you as of the date of such termination. 7. You acknowledge that, in providing you with D.R.I.V.E.S., Globis has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that this Agreement and all other present and future agreements between you and Globis constitute the complete statement of the agreement between you and Globis, and that the agreement does not include any other or prior contemporaneous promises, representations or descriptions regarding D.R.I.V.E.S. or the Information even if it were contained in materials provided by Globis. This Agreement may be modified only in writing; if Globis sends you written notice of the modification, your use of D.R.I.V.E.S. after receiving such notice will indicate your acceptance of the modification. If any provision of this Agreement is invalid or unenforceable under applicable laws, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada , as applied to agreements entered into, no matter where you might legally reside. 8. You agree that you will not use D.R.I.V.E.S. while driving any vehicle because it could cause an accident resulting in property damage, injury or death. 9. The terms and conditions of Sections 1, 2, 3 and 6 of this Agreement shall survive any termination of this Agreement.
© Globis Data Inc. 2007.