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Disclaimer

Terms & Conditions

Beyond Compliance operates this Web site (the "Web Site") as a service to its customers, potential customers, employees, and shareholders, subject to these Terms and all modifications thereto. By entering and/or using this Web site, you, the user, are deemed to have agreed to comply with and be bound by the following terms and conditions ("Terms") of use. Beyond Compliance reserves the right to modify the Terms at any time, and without actual notice to you. You should check these Terms periodically for changes. All such changes to these Terms will appear on this Web site. By entering and/or using this Web site following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.

YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.

COPYRIGHT NOTICE

Copyright 2006, Beyond Compliance Inc. All rights reserved. Beyond Compliance Inc. either owns the intellectual property rights to the underlying HTML code, XML code, text, graphics, content, selection and organization of the information available on this Web site or has obtained the permission of the owner of the intellectual property in such content to use the content on this Web site.

INTELLECTUAL PROPERTY RIGHTS

"Beyond Compliance", "Integrated Compliance Management System", "Compliance Manager", "Corrective Action Register", "Corrective Action Plan", "Compliance Calendar", "Facilitating Compliance Through Technology", "ComplianceWhere", "FieldTRAK", "Field Data Management System", "SkillsTRAK", "Job Performance Management System", "Quality Assurance Manager", "Workplace Incident Tracking System", "Pipeline Integrity Management System", "AssetTRAK", "Facility Management System", "ConTRAK", "Contractor Tracking Register " and "Real Time Data Management System" are all trademarks of Beyond Compliance, and Beyond Compliance reserves all rights in and to such trademarks. There are references throughout this Web site to various trademarks. All trademarks mentioned herein, whether registered or not, are the property of their respective owners. The authors of this Web site are not sponsored by or affiliated with any of the trade marks or registered trademark owners, other than those of Beyond Compliance Inc., and make no representations about them, their owners, their products or services.

As between Beyond Compliance and you, Beyond Compliance is the sole owner of all content on this Web Site including, without limitation, all applicable Canadian and non-Canadian trademarks, copyrights (including, but not limited to, selections, collections, compilations and arrangements), and other intellectual property rights thereto. Except as otherwise provided in these Terms, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens.

NO WARRANTIES

BEYOND COMPLIANCE PROVIDES THE INFORMATION ON THIS WEB SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, BEYOND COMPLIANCE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OF THE WEB SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORD, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. BEYOND COMPLIANCE DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BEYOND COMPLIANCE BE LIABLE TO ANY PARTY FOR: (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS PROFITS, LOSS OF PROGRAMS OR LOSS OF INFORMATION), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE MATERIALS IN THIS WEB SITE OR ANY OTHER BEYOND COMPLIANCE WEB SITE, EVEN IF BEYOND COMPLIANCE OR A BEYOND COMPLIANCE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. IN NO EVENT SHALL BEYOND COMPLIANCE'S TOTAL LIABILITY TO YOU HEREIN, FOR ANY CLAIM OR ACTION ARISING FROM USE OF THE WEB SITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, BEYOND COMPLIANCE'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

NO ENDORSEMENT

No endorsement of any third party products or services is expressed or implied by any information, material or content referred to on, or linked from or to this Web site. Hypertext links may be provided as a service to users and are not sponsored by or affiliated with this Web site, unless otherwise noted. The links are to be accessed at the user’s own risk, and the authors of this Web site make no representations or warranties about the content of these links. No other party or entity has approved or endorsed the materials presented at this Web site. All statements and points of view are those of the authors.

RESTRICTIONS ON USE OF MATERIAL OR LINKING TO THIS SITE

The content on this Web Site is intended for informational purposes only. These Web pages or any portions thereof may not be framed, reproduced or redistributed for commercial gain or any other purpose. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, create derivative works from, or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us - and from all other entities with an interest in the relevant intellectual property - may you publish, copy, display or commercially exploit any material from the Web Site. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Web Site. Moreover, any Beyond Compliance or third party corporate names and logos may not be altered or used without specific, prior written permission. If you choose to link to Beyond Compliance through any mechanism, you are permitted to link only through a plain-text link to this Web page. For any other type of link to the Web Site, you must first request Beyond Compliance to grant permission for such type. Beyond Compliance may grant such permission in its sole discretion. You are not permitted to use any link other than a plain-text link, nor to link to any other Beyond Compliance Web pages without obtaining our prior written consent or authorization. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Beyond Compliance Web Site, at our sole discretion, at any time. Any unauthorized deep linking to our Web sites shall operate to void any and all rights permitted under this agreement and may subject you to legal action and liability under all applicable laws.

APPLICABLE LAWS/JURISDICTION

By accessing or visiting our Web sites, you expressly agree that the laws of the Province of Alberta, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Web Site may be subject to other local, national and international laws. You expressly agree that exclusive jurisdiction for any claim, dispute or cause of action with Beyond Compliance, or relating in any way to your use of the Web Site, resides in the courts of the Province of Alberta.

By accessing or visiting our Web sites, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by federal or Alberta laws. We control and operate this Web Site from our offices in the province of Alberta in Canada. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access this Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this Web Site.

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