Legal information & notices. TERMS OF USE These Terms and Conditions of Use (the “Terms of Use”) apply to the TimeLOG web site located at www.timelogsoftware.com, and all associated sites linked to and from www.timelogsoftware.com. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. TimeLOG is a Synel Industries Ltd. (“Synel”) trademark and is used for the TimeLOG website. In addition to TimeLOG products, Synel has trademarks on all its products. Synel sells and promotes products through this website. All copyright content and product trademarks are sole ownership of Synel. ACCEPTANCE OF AGREEMENT You agree to the terms and conditions outlined in the Terms of Use with respect to the TimeLOG site. This agreement constitutes the entire and only agreement between Synel and you for the use of this site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, including the content and services provided from the site. You agree to review the agreement prior to using or gaining further access to the site. Synel reserves the right, at its sole discretion to change, modify, add or remove portions of the agreement at any time without specific advance notice to you. The latest agreement will be posted on the site, and you should review the agreement prior to using the site. Synel may immediately terminate the use of the site by anyone who has used the site contrary to the agreement or laws or has in any way disrupted the site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE SITE, IT IS YOUR SOLE AND EXCLUSIVE REMEDY TO DISCONTINUE USING IT. COPYRIGHT All materials displayed or otherwise accessible through the site, including without limitation, text, logos, graphics, photographs, images, and illustrations (collectively the "content") are protected under applicable Canadian and foreign copyright, trademark and other proprietary and intellectual property laws or other laws. You acknowledge that the content is the property of Synel or its respective owners, as indicated, or as the case may be. In addition, the site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. The copying, distribution, use or publication by you of any such content or any part of the site (except as allowed by Section 3), is strictly prohibited. You do not acquire ownership rights to any content or document obtained through the site. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the content to which access is gained through the site. LIMITED RIGHT TO USE Notwithstanding the foregoing, and subject to the Terms and Use, you are hereby granted the right to access, view and use the site for your personal, non-commercial use, and are granted the right to download, store, and print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. NON-TRANSFERABILITY AND PASSWORDS Your right to use the site is not transferable. You are responsible for maintaining the confidentiality of the User ID and Password and are responsible for all activities that occur under your User ID and Password. You agree to notify Synel immediately of any unauthorized use of your User ID and/or Password or any other breach of security. Synel cannot and will not be liable for any loss or damage arising from failure by you or TimeLOG, to protect your password or account information. EDITING, DELETING AND MODIFICATION Synel reserves the right in its sole discretion to edit or delete any documents, information, forms or other content appearing on the Site. INDEMNIFICATION You agree to indemnify, defend and hold Synel and its officials, employees, agents and representatives harmless from any liability, loss, claim and expense, including reasonable lawyer's fees, related to your violation of the agreement or use of the site. DISCLAIMER SYNEL PROVIDES THE SITE ON AN "AS IS", "AS AVAILABLE", BASIS. SYNEL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OPERATIONS, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY AND RELIABILITY. FURTHER, SYNEL DOES NOT REPRESENT AND WARRANT THAT THE SITE WILL BE AVAILABLE OR MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES OR ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA, HARDWARE AND SOFTWARE AND TO TAKE REASONABLE AND APPROPRIATE PRECAUTIONS AGAINST VIRUSES AND OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. NO LIABILITY Synel is not responsible for and will not be liable to you or anyone else for any damages whatsoever, including any indirect, special, incidental or consequential damages, arising out of or in connection with your use, or inability to use, the site, even if Synel has been advised of the possibility of such damages. The information, software, products and descriptions of services published on the site or a linked site may include inaccuracies or typographical errors. Synel specifically disclaims any liability for such inaccuracies or errors. Synel does not warrant or represent that the content on the site is complete or up-to-date. Synel is under no obligation to update any content on the site. You agree that Synel, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site or a linked site, or with the delay or inability to use the site or a linked site. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any Force Majeure. The user of the TimeLOG website accepts full responsibility and risk of any injury or health issues residing from the use of any product purchased via this site or any product installation. Synel’s employees, agents, consultants and representatives will not be liable for any personal or physical damage or loss, however caused, whether directly or indirectly, resulting from the use of the TimeLOG website NO WARRANTIES All content, products, and services on the site, or obtained from a website from which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Synel does not endorse and is not responsible for the accuracy or reliability of the site or content provided from the site its capabilities or reliability of any product or service obtained from the site. Under no circumstance Synel will be liable for any loss or damage caused by a user's reliance on information obtained through the site or linked sites, or user's reliance on any product or service obtained from this site a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any product, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific product, opinion, advice, product, service, or other content. Synel expressly disclaims all liability for the use or interpretation by others of information contained in this site. Decisions based on information contained in this site are the sole responsibility of the visitor, and in exchange for using this site the visitor agrees to hold Synel and its affiliates harmless against any claims for damages arising from any decisions that the visitor makes based on such information. Nothing contained in this site constitutes investment advice. The prices listed by resellers on TimeLOG often exclude sales tax, freight, and other related charges, any or all of which may be added to the listed price to arrive at the final sale price of a particular item. Due to the wide variety of system configurations, Synel cannot guarantee that a specific device will work properly on your system. COLLECTION AND USE OF PERSONAL INFORMATION The information will only be collected, used and disclosed in accordance with Synel’s Privacy Statement THIRD PARTY SITES This site operates an interactive transaction service involving transmission of payment information to a third party's site and this site may also allow you to link to or from other third party sites (the "other sites"). Synel does not operate or control the products or services offered by the other sites. Synel does not review, endorse or approve the other sites and is not responsible for any other sites. You agree that linking to or using other sites is at your sole risk and that Synel will not be responsible or liable for any damages arising from linking to or use of the other sites. All rules, policies (including privacy policies) and operating procedures of other sites will apply to you while on those sites and Synel will not be responsible for information provided to you on the other sites. NO HARMFUL USE You agree not to introduce into or through the site any information or material which may be harmful to others. You warrant that information or material that you provide to the site electronically through your access to or use of the site does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you shall not: (a) interfere with or disrupt the site or computer networks connected thereto; (b) impersonate any other person or entity or make any misrepresentation; (c) upload, post, transmit, publish or distribute any material or information to the site which contains a computer virus or other code, files or programs intended in any manner to disrupt or interfere with the functioning of the site; (d) use the site in such a manner as to gain unauthorized entry or access to the computer systems or networks of others or attempt to gain unauthorized entry or access to any password-protected or restricted areas of the site or Synel computer or network systems; (e) violate any law or regulation or any generally accepted internet practice or interfere with any other site user's ability to use the site and any of the services or products provided on the site; (f) forge, alter or modify in any way any of the agreements, policies or other information posted or accessible within the site; (g) transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable and that may invade another's right of privacy or publicity; (h) use the site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (i) post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation; (j) delete or revise any material posted by any other person or entity; or (k) manipulate or otherwise display the site by using framing or similar navigational technology; (l) use this site or its communication features for any advertisement or promotion of any kind; (m) sub-license, assign or otherwise transfer site material or the downloaded material or transfer any site information or material including downloaded material to anyone else. Alter, disassemble, decompile, reverse engineer or otherwise modify the downloaded material; (n) collect information about other visitors to TimeLOG site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses; (o) all names, marks, brands, logos, designs, trade dress, slogans and other designations Synel uses in connection with its products and services. Remove or alter any Synel trademarks, or co-brand your own products or material with Synel trademarks, without Synel’s prior written consent. Incorporate any Synel trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies. TERMINATION OF SITE USE At Synel’s sole discretion, Synel may terminate or refuse to permit the use of any services on the site and of the site by any person, for any reason and without notice. APPLICABLE LAW The site and the agreement will be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable in the province, without regard to conflict of law principles. Any claims, disputes or legal proceedings arising out of or in connection with the site or the agreement shall be brought solely in the courts of the province of Ontario. By accessing or using the site you expressly submit to the exclusive jurisdiction of those courts, without regard to the conflict of laws principles thereof, to determine any claim, action or proceeding arising out of or in connection with the site and the agreement. You and Synel require that this agreement and all documents relating thereto be drawn-up in English. SURVIVAL The provisions of this section and sections 2, 3, 6, 7, 8, 9 and 14 of this agreement shall survive the expiry or termination of this agreement for any reason. GENERAL Except for any agreements with Synel that expressly reference this agreement, this is the entire agreement between Synel and you regarding your use of the site. Synel’s failure to insist upon or enforce any provision of the agreement shall not be considered a waiver of such provision or of the right to enforce such provision. If any part of the agreement is determined to be void, invalid or unenforceable, the remaining parts will not be affected and will remain in full force and effect. To the extent that anything in or associated with the site is in conflict or inconsistent with The agreement, the agreement shall take precedence. NO THIRD PARTY BENEFICIARY Nothing in this agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this agreement, except as expressly provided in this agreement. USE OF "COOKIE" FILE FEATURES Synel reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the site to reflect users' preferences. The information contained in this web site is subject to change without notice. Copyright © TimeLOG Software, 2005. All Rights Reserved Effective April 2007