- Your Responsibilities.
- Nature of Product. You understand that the Product will deliver a high volume of traffic to the designated Website and that it is your responsibility to ensure that the designated site is capable of accommodating that volume. Sericon Technology is not responsible for your testing procedures or for determining or evaluating the ability of the designated site to withstand testing.
- Hardware and Software. Access to and use of the Product requires an appropriate connection to the Internet. You are solely responsible, at your own expense, for acquiring, installing, maintaining, and updating all hardware, computer software, and communications capability necessary for use of the Product.
- Support. Sericon Technology will maintain an e-mail address through which you may report problems and send questions about the Product. Sericon Technology personnel will monitor e-mail for support on a regular (but not continuous) basis, and will use reasonable efforts to answer questions about the use and operation of the Product.
- Reports. As part of your use of the Product, you may receive reports assessing the performance of your Website during testing. The reports will be generated from sources believed to be reliable. However, Sericon Technology does not guarantee the accuracy, adequacy, or completeness of the reports and is not responsible for any errors or omissions.
- Service Availability. Sericon Technology makes no guarantee on availability of individual test generator nodes, or the service as a whole.
- Limited Warranty; Sole Remedy. Sericon Technology warrants that the Product will substantially conform to the description of the Product on this Site. If the Product does not conform to this warranty, Sericon Technology will refund to you the amounts paid for the nonconforming use of the Product. Any refund must be requested within 30 days after you first encounter any nonconformity. The refund is your sole remedy in case of breach of the foregoing warranty.
- Disclaimer. EXCEPT AS STATED IN SECTION 8 ABOVE, SERICON TECHNOLOGY MAKES NO WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. SERICON TECHNOLOGY DOES NOT WARRANT THAT YOUR USE OR ACCESS TO THE PRODUCT WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE.
- Limitation of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE PRODUCT. SERICON TECHNOLOGY WILL NOT BE LIABLE FOR ANY CLAIMS ATTRIBUTABLE TO ANY ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE INFORMATION OR MATERIAL CONTAINED IN THE PRODUCT. IN NO EVENT WILL SERICON TECHNOLOGY BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, LOST SAVINGS, LOSS OF BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, EVEN IF SERICON TECHNOLOGY WAS INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE. SERICON TECHNOLOGY'S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCT, REGARDLESS OF LEGAL THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE), WILL NOT EXCEED THE FEES PAID BY YOU FOR THE USE OF THE PRODUCT THAT IS THE BASIS FOR LIABILITY.
- Prohibited Uses. You will neither use nor permit others to use the Product (a) to direct volume to any Website that you do not own or operate, such as a Website of a competitor, (b) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose, (c) to send spam or other types of unsolicited communications of any kind, regardless of the content or nature of the messages, (c) to send any virus, worm, Trojan horse, or harmful code or attachment, or (d) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, Website, or network. If you or your personnel violate any of the foregoing prohibitions, Sericon Technology may immediately suspend or terminate your use of the Product without refund.
- Attorney Fees. In any litigation or arbitration proceeding between the parties, the prevailing party will be entitled to recover reasonable attorney fees and expenses, including attorney fees and expenses on appeal or petition for review. The prevailing party means the party that prevails (whether affirmatively or by means of a successful defense) with respect to the claims having the greatest value or importance as reasonably determined by the court or arbitrator.
- Governing Law. This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, Canada and the parties hereby agree to submit to the jurisdiction of the courts of Ontario, Canada.
- Our Address.
71 Marquette Ave.
Toronto, Ontario M6A 1X8
71 Marquette Ave.
Toronto, Ontario M6A 1X8