Terms of Service
1. General Rules and Definitions
1.1. This Agreement constitutes the agreement between
AMIXIMA Corp. ("AMIXIMA") and you as a user
who accesses or establishes a connection to the website
and internet service known as QuickChoice ("Service"),
which is owned and controlled by AMIXIMA.
1.2. If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Agreement. You must agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service and your use of the Service constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Service and for ensuring that your use complies fully with the provisions of this Agreement.
1.3. AMIXIMA reserves the right, in its sole discretion, to change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement will be deemed your acceptance of the changes.
1.4. AMIXIMA reserves the right, in its sole discretion, to change, suspend, limit, or discontinue any aspect of the Service at any time. AMIXIMA may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
1.5. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
2. QuickChoice Content
2.1. The contents of the Service are intended for your
personal, noncommercial use. You will use the Service
and any content, material, or information found on the
Service solely for lawful, non-commercial purposes.
All materials published and provided on the Service
("Content") are protected by copyright, trademark,
and other applicable intellectual property and proprietary
rights laws and is owned, controlled, and/or licensed
by AMIXIMA or the party credited as the provider of
the Content. "AMIXIMA", "QuickChoice",
and "QuickChoice.com" are trademarks of
AMIXIMA. You shall abide by all copyright notices, information,
or restrictions contained in any Content accessed through
2.2. The Service and its Contents are protected by copyright pursuant to Canadian and international copyright laws. You are permitted to print or download extracts from these pages for your personal non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of Service may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
2.3. AMIXIMA reserves the right to collect, to use, and to distribute demographic data about you and your use of the Service in forms that do not identify you individually or reveal your identity.
2.4. AMIXIMA may contain links to other related World Wide Web Internet sites, resources, and sponsors of AMIXIMA. AMIXIMA is not responsible for the availability of these outside resources or their contents.
3. Disclaimer of Warranties & Limitation of Liability
3.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS
SOLE RISK. NEITHER AMIXIMA, ITS AFFILIATES, NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES
FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SERVICE.
3.2. THE SERVICE AND ALL CONTENT, MATERIAL, INFORMATION,
POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3.3. IN NO EVENT WILL AMIXIMA (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE OR THE SERVICE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AMIXIMA (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING
You agree to defend, indemnify and hold harmless AMIXIMA (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. AMIXIMA 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 cooperate as fully as reasonably required in the defense of any claim.
Fees and Payments
AMIXIMA reserves the right, in its sole discretion, at any time to charge fees for access to and use of the Service, or any portions of the Service. If AMIXIMA elects to charge fees, it will post notice on the Service of all provisions pertaining to fees and payments.
Notices between Us
You will contact us by sending electronic mail to help[AT]quickchoice[DOT]com. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Service.
AMIXIMA may terminate this Agreement and your use of the Service at any time. AMIXIMA shall have the right immediately to terminate your use of the Service in the event of any conduct by you which AMIXIMA, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
Law Governing Performance and Disputes
You agree that the terms of this Agreement and any rights, duties and obligations as between you and AMIXIMA shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without reference to any conflict of laws principles that require the application of the law of a different jurisdiction.
You further agree that any action at law or in equity involving AMIXIMA shall be brought solely within the Province of Ontario. You agree to submit to the exclusive jurisdiction and venue of the courts of the province of Ontario and the Federal Courts situate therein, and to waive any objections as to inconvenient forum. Notwithstanding this, you agree that AMIXIMA shall still be allowed to seek interim, interlocutory and permanent injunctive remedies, or equivalents thereof, in any jurisdiction.
You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement and any posted rules on the Service established
by AMIXIMA constitute the entire agreement of the parties
with respect to the subject matter hereof. No waiver
by either AMIXIMA or you of any breach or default under
this Agreement shall be deemed to be a waiver of any
preceding or subsequent breach or default. This Agreement
shall be binding upon and inure to the benefit of AMIXIMA
and its successors, trustees, and permitted assigns.
AMIXIMA may assign this Agreement, or any of its rights
or obligations under this Agreement, with or without
notice to you.
Information Collection and UseInformation Collection
AMIXIMA is the sole owner of the information collected on Service. AMIXIMA collects information from our users at following points on our Web site.
In order to customize Service site, a user must first complete the registration form. During registration a user is required to give contact information (such as email address). We do not collect user's name and address. We use this information to contact the user about services on our site for which he has expressed interest. It is also required for the user to provide demographic information (such as age group, gender, city and country), and unique identifiers (such as, username and password).
AMIXIMA uses personal information for: developing enhancements to Service; marketing and promotional purposes; and evaluating Service usage by analyzing and otherwise using personal information and related data in the aggregate, but not with respect to any individual Service user.In addition, AMIXIMA uses personal information to direct e-mail to Service users who provide their e-mail address in connection with specific promotions, or to direct e-mail regarding Service updates and service enhancements to users who opt in during the Service registration process.
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. We use a tracking utility called Webtrends that uses log files to analyze user movement.
Aggregate Information (non-personally identifiable)
AMIXIMA shares aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.
Third Party Advertising
We use third-party advertising companies to serve ads when you visit our site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.
Third Party Cookies
In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique "cookie" on your browser.These are the instances in which we will share users' personal information:
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our web site.
In the event AMIXIMA goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred. Users will be notified via email or prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users' personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.
Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to our site at the point where we ask for information.Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by offering an opt-out mechanism on the "My News" pages or contacting us at: help[AT]quickchoice[DOT]com.Users of Service are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.
This Web site contains links to other sites. Please be aware that we, AMIXIMA, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
AMIXIMA takes every precaution to protect our users' information.
When users submit sensitive information via the web site,
their information is protected both online and off-line.When our registration/order form asks users to enter
sensitive information (such as credit card number), that
information is encrypted and is protected with the best
encryption software in the industry - SSL. While on a
secure page, such as our order form, the lock icon on
the bottom of Web browsers such as Netscape Navigator
and Microsoft Internet Explorer becomes locked, as opposed
to un-locked, or open, when users are just 'surfing'.
While we use SSL encryption to protect sensitive information
online, we also do everything in our power to protect
user-information off-line. All of our users' information,
not just the sensitive information mentioned above, is
restricted in our offices. Only employees who need the
information to perform a specific job (for example, our
billing clerk or a customer service representative) are
granted access to personally identifiable information.
Furthermore, ALL employees are kept up-to-date on our
security and privacy practices. Every time new policies
are added, our employees are notified and/or reminded
about the importance we place on privacy, and what they
can do to ensure our users' information is protected.
If users have any questions about the security at our Web site, users can send an email to: help[AT]quickchoice[DOT]com.
Correcting / Updating / Deleting / Deactivating Personal Information
If a user's personally identifiable information changes (such as email or country), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can usually be done at the member information page or by emailing our Customer Support at: help[AT]quickchoice[DOT]com .
Notification of Changes