Governing Law and Jurisdiction for Disputes
The Registry and these Terms and Conditions shall be governed by and interpreted in accordance with the laws of British Columbia, Canada. The courts of British Columbia, Canada shall have exclusive jurisdiction to hear any matter that arises from use of the Registry or under these Terms and Conditions.
Representations and Warranties
By using the Registry, you are agreeing to be bound by these Terms and Conditions (“the Agreement”). If you do not accept the Terms and Conditions stated herein, do not use the Registry. Your failure to comply with any of these Terms and Conditions will result in immediate termination of the Agreement. All rights not expressly granted herein are reserved.
The materials and services contained in the Nidus Registry are provided “as is.” To the maximum extent allowed by law, we make no representations or warranties of any kind, express or implied, in connection with these Terms and Conditions or the Registry’s services, including but not limited to warranties of conditions of fitness for a particular purpose or use.
Further, we make no representations or warranties concerning the accuracy, completeness, timeliness, or reliability of the materials or services or of any information contained in the Registry, or on any site linked to or by the Registry.
The Registry’s services are provided for informational purposes only and are not intended to provide legal advice, and should not be relied upon in that respect. You represent and warrant that your use of the Registry and information found therein, including the manner in which it is directly or indirectly used, will not infringe the legal rights of anyone, including those of a third party, and will not otherwise subject us to a legal claim.
Indemnity and Limitation of Liability
Users understand, accept and agree that access to or use of the Site is at their own risk, which entails a waiver of rights or remedies against the Registry or Nidus for any prejudice whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of information. The Registry and Nidus are not responsible for and shall not be liable to Users or other persons or entities for claims, losses, costs, expenses or damages whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of this information, except in cases where such prejudice results directly and entirely from the negligence of the Registry and Nidus in the performance of its legal obligations under the BC Personal Information Protection Act.
The contents of the Registry, such as text, publications, graphics, images, HTML code, multimedia clips, Java code, and the selection and arrangement of information (“Materials”) are proprietary to the Registry and its suppliers. Nothing in these Terms and Conditions transfers a right or title to or of the Materials or any software, hardware, or process used to provide the Registry’s services. We do not have any ownership interest in the specific personal information you have registered, except as otherwise provided or as allowed by law.
Individual User License
The Registry, through this Agreement, grants you a limited, individual user license to use and access the Registry’s services, solely to the extent necessary to enable you to fulfill your obligations under these Terms and Conditions. You are further granted a limited, individual user license to use (display or print) the Materials, provided the Materials are not modified.
None of the Materials or services may be otherwise reproduced, re-published, re-disseminated or otherwise provided in any manner or form without the prior written consent of the Registry or the third party to which the intellectual property rights belong.
If you violate this Agreement, your permission to use the Materials and the Registry’s services automatically terminates and you must immediately destroy any copies you have made of the Materials.
Access Users and Registration Agents who wish to terminate this Agreement may do so by contacting the Registrar (see “Questions and Contact,” below).
If either party is in material breach of this Agreement, the other party may terminate the Agreement upon delivery of written notice to the other party, indicating their intention to treat the Agreement as terminated, provided that the notice provides a description of the nature of the breach.
In addition, if you are registered with Juricert and are acting as a Registration Agent and/or Institutional Contact and Juricert Inc. subsequently terminates your registration with Juricert for any reason, this will automatically terminate this Agreement and your authority as a Registration Agent and/or Institutional Contact.
Unless the Registry indicates otherwise in writing, termination of the Agreement shall also terminate any service or authorization established under this Agreement and any right the Registry granted to you to use its services. Upon termination of the Agreement, you shall cease to suggest in any manner to any person that you are a Registrant, Registration Agent, Access User, or Institutional Contact, or that you are granted any other right to use its services.
In the event of any dissolution, cessation, or similar event of the Registry and/or any of its services, we will notify our users of the event by email, if a functioning email was provided to the Registry, and explain to the user how and for how long they may request a copy of the personal information in the Registry’s custody and control, as allowed or required by law.
The “Representations and Warranties” and “Indemnity and Limitation of Liability” sections of this agreement shall survive termination of this Agreement.
If a court of competent jurisdiction concludes that any provision of this Agreement is illegal, invalid, or unenforceable, then that provision shall be severed from this agreement and the remaining provisions shall remain in full force and effect.