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 Password to
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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