1.0 Confidential Information and Privacy
1.1 You authorize Microforum Services Group to collect from the Microforum Services Group Site and from any third party identified on the Microforum Services Group Site all information about you and your use of the Microforum Services Group Site and to retain all such information, and you hereby authorize any party to provide us with such information. You further authorize Microforum Services Group to disclose, to any Microforum Services Group affiliate or related company or to any party with whom Microforum Services Group has business relations, all relevant information relating to your dealings with Microforum Services Group and the Microforum Services Group Site for any purpose whatsoever. Should you not wish to be contacted or not wish that your information be used for any particular purpose you can notify Microforum Services Group to the contrary by Contacting Us. Notwithstanding, Microforum Services Group reserves the right at all times to disclose any information about you or your use of the Microforum Services Group Site as necessary to satisfy any law, regulation, governmental request or court order. You understand and agree that Microforum Services Group cannot ensure or guarantee your privacy on the Microforum Services Group Site and that any such use shall be at your sole risk and that Microforum Services Group and its affiliates and related companies, and their respective directors, officers, employees, consultants and agents shall be relieved of all liability therewith.
2.0 Indemnification
2.1 To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Microforum Services Group, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of the Microforum Services Group Site, the content contained in the Microforum Services Group Site and the placement or transmission of any information or other materials on the Microforum Services Group Site made by you or others using your account. You agree to promptly notify Microforum Services Group immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. Microforum Services Group reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
3.0 Recourse
3.1 If you are dissatisfied with the Microforum Services Group Site or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Microforum Services Group Site. In such an event, you agree to destroy all materials obtained by you on the Microforum Services Group Site and any and all other Microforum Services Group site(s) and all copies thereof. The Terms and Conditions shall survive any such termination.
4.0 Miscellaneous Terms
4.1 Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Microforum Services Group may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies or guidelines posted on the Microforum Services Group Site by Microforum Services Group constitute the entire agreement between Microforum Services Group and you with respect to the subject matter hereof. No waiver by either Microforum Services Group or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English
