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Terms of use


Carbyemail.com is a division, a registered trademark and a website of Opportunities By Email Inc. Corporation ("Opportunities By Email Inc.").

All website services provided to you by Opportunities By Email Inc. are provided to you subject to the following terms and conditions of service. By using Carbyemail.com website ("Carbyemail.com Site") or any products, content or other services available on Carbyemail.com Site (each a "Service" and collectively, the "Services"), including Services offered on a payment basis, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Carbyemail.com Site or Service (collectively the "Terms and Conditions"), all as may be modified by Carbyemail.com in accordance with these Terms and Conditions. These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to shall be the entire agreement between you and Carbyemail.com and any prior communications between you and Carbyemail.com (including, for example, e-mails) do not form part of these Terms and Conditions. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE Carbyemail.com SITE OR ANY OF THE SERVICES.

Carbyemail.com may update or revise these terms of use ("Terms of Use") at any time. If we revise the Terms of Use, unless otherwise mentioned, such revision shall be effective fifteen (15) days after posting the new Terms of Use on Carbyemail.com Site. Please check this page periodically for updates and new information. You agree to review the Terms of Use periodically to become aware of such revisions. You can view the Terms of Use at any time by clicking on the Terms of Use link on the home page of Carbyemail.com Site. Your continued use after a revised Terms of Use is posted on Carbyemail.com Site will mean that you accept all such revisions as at the date they become effective. IF YOU DON'T AGREE TO THE CHANGES, OR TO ANY OF THE TERMS IN THESE TERMS OF USE, YOUR ONLY REMEDY IS NOT TO USE Carbyemail.com SITE AND TO CANCEL ANY SERVICES YOU HAVE SIGNED UP FOR.

1. USER RESPONSIBILITY

If you violate these Terms of Use, we may issue you a warning about the violation, or we may choose to immediately terminate your right to use Carbyemail.com Site and all accounts that you have established. You acknowledge that Carbyemail.com is not required to provide you notice before termination, but it may choose to do so at its sole discretion.

2. LINKS TO EXTERNAL SITES

Carbyemail.com Site may provide links to other websites operated by third parties. We may also provide access to or through third-party vendors. Any charges or obligations you incur in your dealings with these third parties are entirely your responsibility.

Please exercise discretion while browsing the Internet. Carbyemail.com Site may contain hyperlinks to other web sites that are not operated by Carbyemail.com. If you click on a link to a third party site, including on an advertisement, an Ad company, or other service provider, you will leave Carbyemail.com Site you are visiting and go to the site you selected. These linked sites are not necessarily under the control of Carbyemail.com. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Furthermore, you acknowledge and confirm that you are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party linked sites. Carbyemail.com does not control these web sites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such web sites or as implying any particular association between Carbyemail.com and their operators. Such hyperlinks, where provided by Carbyemail.com Site, are for your convenience only.

3. ONLINE CONTENT

While Carbyemail.com makes every effort to ensure that all of the content on our site is up-to-date, readily available, and clearly explained, WE CANNOT GUARANTEE THAT THE SITE WILL ALWAYS BE UP OR THAT ITS CONTENTS WILL ALWAYS BE ACCURATE. CIRCUMSTANCES BEYOND OUR CONTROL MAY OCCASIONALLY MAKE THE SITE UNAVAILABLE; DATA TRANSMISSIONS MAY BE INTERRUPTED; AND WE MAY PROVIDE LINKS TO OTHER SITES WHOSE CONTENT WE CANNOT MONITOR OR OTHERWISE MANAGE .

4. ONLINE CONDUCT

Online conduct is subject to all applicable laws and should also be guided by common sense and basic etiquette. Ignorance of the law is no excuse. We may terminate your use of Carbyemail.com Site and cooperate with law enforcement in the event of illegal behavior.

You agree that you will be personally responsible for your use of Carbyemail.com Site and for all of your communication and activities, including any content you may contribute, and that you will indemnify and hold harmless Carbyemail.com, its affiliates, employees, officers, directors, mandataries and agents from any liability or damages arising from your conduct on Carbyemail.com Site, including any content that you may contribute.

You further agree that these Terms of Use will apply to anyone that you allow to use your service account or user ID, and that you are personally responsible for the consequences (including termination of your account) that may result if any such person breaks these Terms of Use.

5. LIMITATION OF WARRANTY AND LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF Carbyemail.com SITE, AND THE INTERNET IS AT YOUR SOLE RISK. Carbyemail.com SITE, Carbyemail.com'S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Carbyemail.com PROVIDES THE SITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE Carbyemail.com SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Carbyemail.com WILL HAVE ADEQUATE CAPACITY FOR USE OF THE SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Carbyemail.com IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT Carbyemail.com, ITS SUBSIDIARIES, LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON Carbyemail.com. IN NO CASE SHALL Carbyemail.com OR ITS SUBSIDIARIES, LICENSORS, LICENSEES, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, " Carbyemail.com AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO Carbyemail.com FOR THE USE OF THE Carbyemail.com SITE. IN NO CASE SHALL Carbyemail.com OR Carbyemail.com AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE Carbyemail.com SITE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF Carbyemail.com. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, Carbyemail.com'S AND ITS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. Carbyemail.com DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE Carbyemail.com SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

6. PRIVACY

By agreeing to these Terms of Use, you acknowledge that you have read the terms of the Privacy Policy and consent to the collection, use and disclosure of your personal information in accordance with these terms.

7. OTHER LEGAL TERMS

The Terms of Use and any posted rules or instructions regarding a particular, activity, contest, or sweepstakes, constitutes the entire agreement between you and Carbyemail.com regarding your rights and obligations in your use of the Carbyemail.com Site. If there is any discrepancy, between the Terms of Use and any other rules or instructions posted on Carbyemail.com Site, each clause will be interpreted in light of the principles of interpretation of contracts of the Civil Code of Quebec. If you have questions about the Terms of Use, please contact us by emailing termsofuse@Carbyemail.com.

These Terms of Use shall be interpreted in accordance with the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Carbyemail.com Terms of Use and the Carbyemail.com Privacy Policy, including Carbyemail.com's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Copyright © 2005 Opportunities By Email Inc. Registered trademark of Opportunities By Email Inc. All rights reserved