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Terms and Conditions

Please read the following Terms and Conditions carefully. These Terms and Conditions, as amended from time to time by LBMX, govern your access to, and use of, the LBMX Service.

By using the Service, you agree to these Terms and Conditions

You agree to use the Service in accordance with these Terms and Conditions and any policies as communicated to you from time to time by us, and all applicable laws. Without limiting the foregoing, you agree not to disturb the normal operation of the Service and to use the Service only in a responsible manner. You agree not to use the Service in a manner that harasses or may harass other parties or that disrupts, undermines, corrupts or in any way threatens the Service or infringes its integrity, or that is likely or has the potential to have any of those effects.

Your Responsibility for Confidentiality, Privacy, and Security

In order to use the Service you will establish your Username and Password. You must keep this information confidential to protect your privacy by not revealing your Username or Passwordto anyone. We recommend that you do not keep written records of this information, but if you decide to keep such records, you should keep them separate from each other. Upon learning that your Password has been disclosed or obtained by anyone else, or may be known by anyone else, or that unauthorized use of your Username and Password may be occurring you must change your Password to re-establish your confidentiality and privacy. If you have lost control of your LBMX Document Centre we will endeavour to assist you in regaining control.

Without limiting the disclaimers of liability set out in these Terms and Conditions, we will not be responsible for any damages you may incur if you communicate confidential or personal information to us by email over the Internet, or if we communicate such information to you by email over the Internet at your request.

Your Authorization to us

The use of your Username or Password by you, or by any person with or without your knowledge or consent, is legally binding and makes you responsible to the same extent and effect as if you had given signed, written authorization to us. You authorize us to accept, without any further verification, and you agree to be responsible for, all activities with respect to your LBMX Document Centre when conducted using your username and password.

All activities with respect to a LBMX Document Centre for a commercial or other organization is authorized by the personal contact identified at the time of registration, who is responsible on behalf of such organization for all activities conducted through the Service.

You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions, including without limitation your violation of any law or the rights of a third party.

Disclaimer and Limitation of Our Liability to You

General

Although considerable care has been taken in preparing and maintaining the information and materials contained in the Service, they are provided on an "as is" and "as available" basis. The use of the Service is at your sole risk. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of accuracy, merchantability and fitness for a particular purpose. Without limiting the generality of the foregoing, we shall have no responsibility or liability for any damages caused to computer systems, software or electronic files by computer viruses, "worms", "trojan horses" or other items or forces of an intrusive, disruptive or destructive nature.

Unauthorized Access

We will not be responsible or liable for any delay, damage, loss or inconvenience you or any other person may incur in the event of unauthorized access to your LBMX Document Centre.

Inability to Access The Service

We will not be responsible or liable for any delay, damage, loss or inconvenience you or any other person may incur if you are unable to access the Service, do not receive your Documents, or experience any delay in the processing of any transaction for any reason whatsoever (including without limitation due to any malfunction of the Service).

Software

Any software that is made available on the Service for downloading (the "Software") is copyright work of us and/or our licensors. Use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included with the Software ("License Agreement").

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

We hereby disclaim all warranties and conditions with regard to such software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Links to Third Party Websites

The Service and some Documents contain links to third party websites. In addition, some third party websites may contain links to this Service. The linked third party websites are not under our control and we are not responsible for the availability or contents of any linked third party website site or any link contained in a linked website, or any changes or updates to such websites including the ongoing availability of a linked Document. These links are provided to you only as a convenience, and the inclusion of any link is not an endorsement or approval by us of the linked website or anything contained within it. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, bugs, problems or other limitations.

General Disclaimer of Liability

WITHOUT LIMITING ANY OF THE FOREGOING, AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS AND CONDITIONS, OR ANY OTHER COMMUNICATION OR DOCUMENT, WE WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, COMMUNICATIONS TO AND FROM US, OR ANY SOFTWARE, INFORMATION OR DOCUMENTS CONTAINED IN OR ACCESSED VIA THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PROPERTY DAMAGE, PERSONAL INJURY OR ANY OTHER LOSS, WHETHER THE ACTION IS IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE.

Governing law

Unless otherwise expressly agreed to in writing, the Service and all disputes or other matters arising out of it shall be governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles, shall be dealt with solely by a court of competent jurisdiction in London, Canada or such other location as the parties may agree.

Headings

The headings before each section in these Terms and Conditions are for convenience only, and do not affect the meaning of these Terms and Conditions.

Allocation of LBMX Username

Allocation to you and continued use by you of a Username and/or LBMX Document Centre is entirely at our discretion. We may terminate your Username and/or LBMX Document Centre at any time upon notice to you, including, without limitation, if we determine, in our sole discretion, that you have breached these Terms and Conditions.

Capacity Limits for Storage and Transmission

We reserve the right to set storage, transmission, Document size, and attachment limits for each LBMX Document Centre.

Records Retention

You are solely responsible for maintaining your own record of activity using the Service, and for retaining all copies of Documents and other relevant data. Any record retention services performed by us are solely at our discretion, will be for a maximum of seven (7) years, and may be discontinued by us at any time upon ninety (90) days notice to you.

Content

We are not responsible for the content of a Document. The Sender of any Document is (a) solely responsible for the content of the Document(s) and any supplementary materials; and (b) solely responsible not to transmit or publish any information in a Document where such activity constitutes a criminal offence or is otherwise unlawful. Notwithstanding the foregoing, we reserve the right (although we do not assume the obligation) to decline services with respect to any Document brought to our attention that we determine, in our sole discretion, to be in breach of these Terms and Conditions, or to be otherwise objectionable.

Obligation to Read Documents

Once a Document is deposited into your LBMX Document Centre you are responsible for ensuring it is read and acted upon in a timely manner, as dictated by agreements between you and the Sender. If you will be unable to access your LBMX Document Centre on a regular basis or for an extended period of time, it is your responsibility to notify your Senders.

Virus Protection

LBMX may scan Documents and attachments for viruses and, where possible, any suspicious content will be deleted and brought to your attention. We make no representations or warranties about the effectiveness of such scans. Without limiting the foregoing, you should protect yourself by using your own virus detection software.

Available Only Where Permitted by Law

The products and services described in this Service are only offered in jurisdictions (and to persons residing in those jurisdictions) where they may be legally offered for sale.

We May Change These Terms and Conditions

We may at any time modify the Service without notice. We may change, terminate or assign these Terms and Conditions, or suspend or cease to offer the Service, immediately upon notice to you. We may also change any existing fees, or implement new fees for the Services or any component of the Services immediately upon notice to you. Without limiting the foregoing, continued use by you of the Service will constitute acceptance of any change or assignment by us of these Terms and Conditions, or any modification or suspension of the Service, or any change to or implementation of fees. Notice will be sent to you either (i) by physical mail, (ii) by electronic delivery to your LBMX Document Centre or (iii) verbally.

Glossary of Terms

The terms below have the following corresponding meaning in these Terms and Conditions:

"LBMX"™

Means LBMX Inc., carrying on business as LBMX.

"LBMX Document Centre"™

Means the electronic mail box into which LBMX delivers a User's Documents.

"LBMX website" means the world wide website at www.lbmx.com, including the web pages it contains, but not including third party websites to which it may be linked.

"Sender"

Means any individual or organization (other than LBMX) that sends you Documents using this service.

"Document"

Means any single document, invoice, statement, letter, payroll notice, electronic form, or other type of correspondence or document sent through the Service. A Document does not include any document accessed through a link contained within the Document to a third party website.

"Password"

Means the secret access code you use to access your LBMX Document Centre.

"Service"

Means LBMX Inc.'s Document Centre service as is represented by the functionality provided at any point in time, and as may be modified from time to time by LBMX, including without limitation the LBMX website.

"Terms and Conditions"

Means these Terms and Conditions.

"User" means a user of the Service.

"Username"

Means a User selected identity that uniquely identifies you within the Service.

"we", "us", "our", "We", "Us" and "Our"

Refers collectively to LBMX Inc, and all of their respective directors, officers, employees, agents and assigns.

"you", "your", "You" or "Your"

Refers to a User and where applicable the authorized representative of a commercial organization.

Trademarks

Certain names, graphics, logos, icons, designs, words, titles or phrases on this Service may constitute trade names, trademarks, official marks or other intellectual property (collectively, "Marks") of LBMX Inc., Senders, or other entities. Marks may be registered in Canada and in other countries as applicable, and are otherwise protected according to all applicable laws. Any unauthorized use, reproduction, downloading, re-transmission or other copying or modification of Marks and/or the contents herein is strictly prohibited. Without limiting the foregoing:

LBMX, LBMX Document Centre, are registered trademarks or trademarks of LBMX Inc.

The material on this Service is copyrighted and the images and information presented may not be reproduced or used, other than by using the facilities of the Service, without prior written permission by LBMX Inc.

Privacy

To ensure your privacy as an LBMX Document Centre user:

  • We ask for the minimum amount of information we need to serve you
  • We do not share or sell any information about our customers to anyone
  • We do not "datamine" our customer information for commercial purposes
  • We conform to the Privacy Act and/or the Personal Information Protection and Electronic Documents Act

Your Role

We are committed to maintaining the accuracy of your information, and you play an important role in keeping us up-to-date. Please remember to notify us as soon as possible if anything changes, particularly your phone and email mailing address.

You can also protect your privacy by not revealing your username or password to anyone.

Any information that is no longer relevant, or that we are not required for legal or audit purposes to maintain, is destroyed.

Please remember, regular Internet e-mail is not secure. Please do not send us any personal information by Internet e-mail.

Security

LBMX uses well-established technology to protect the security of your personal information and your documents.

Encryption

Encryption is a way of "scrambling" electronic information for transmission. 128-bit encryption is the strongest, most secure form of encryption that is generally available in Internet browsers on the market in North America today. That's why we require all of our customers to use a browser that supports this level of encryption.

Most areas of the LBMX website require 128-bit encryption, and you should see a message displayed each time you enter the secure, encrypted areas of the site.

Your browser may use symbols such as a key or a padlock icon to show you when you are in a secure area. For more information about the encryption capabilities of your browser, use the browser's HELP menu.

In general, if your browser's encryption level is not high enough, you will not be able to access the LBMX Document Centre.

Firewalls

A firewall is an industrial-strength combination of hardware and software designed to separate the Internet from our internal computer systems and databases. All Internet data flows through a series of safety checkpoints on its way to and from our internal systems so that only authorized messages and transactions enter our computing environment. These firewalls also help to prevent unauthorized access to our computer systems from outside.

LBMX Document Centre is a Web-based service. This means that all your documents are stored on our computers and viewed by you using a Web browser. Many e-mail services work by downloading messages to your computer via the Internet when you log in. By storing your data and documents on our servers, we keep the information securely behind our firewall. You may choose to download some of your documents to your own computer. Please remember, any information that moves outside our secure website may not be secure.

Cookies

LBMX uses session cookies to manage your interactive session. A cookie is an identification tag that our server gives to your Web browser when you enter LBMX Document Centre. We use that ID to maintain the state of your transaction as you move from one page to another. When you shut down your browser, that ID is deleted. No information, personal or otherwise, is stored on your computer once the session is complete.

Your Role

We are committed to maintaining the security of your information, and you play an important role in helping us meet this obligation. Never reveal your username or password to anyone.

Please remember, regular Internet e-mail is not secure. Please do not send us any personal information by Internet e-mail.

Without limiting the disclaimers of liability set out in these Terms and Conditions, we will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet, or if we communicate such information to you, at your request.

If you have any questions or concerns about your security please contact our Customer Service Department at 1-519-850-5269.

     
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