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Terms of Use

TERMS OF USE AND DISCLAIMER

IMPORTANT !!! Your access to this website is subject to legally binding terms and conditions. Carefully read all of the following terms and conditions before proceeding. Accessing the PowerplanPro™ planning system by selecting the "I AGREE" button below is the equivalent of your signature and indicates your acceptance of these terms and conditions and that you intend to be legally bound by them. If you do not agree with these terms and conditions, please click on the "I DO NOT AGREE" button below.

This is a legal agreement between you and Onagon Interactive Inc. ("Onagon"). Please read these terms and conditions carefully. By accessing, browsing and/or otherwise using this website ("Site") you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, Canadian copyright law and international treaties.

This site is controlled and operated by Onagon from its offices within Canada. Onagon makes no representation that materials contained in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Site and any services or products offered on the Site are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and any services or products offered on the Site are not available to and may not be used by minors.

These terms of access apply exclusively to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Onagon for products, services or otherwise. Further, if you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.

USE RESTRICTIONS

1. Ownership & Copyright - All Site materials, including, without limitation, text, graphics and other files and the selection and arrangement thereof are copyrighted materials of PowerplanPro.com™, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of Onagon. You may not "mirror" any material contained on this Site on any other server without prior written permission from Onagon. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

2. Trademarks - The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Onagon. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Onagon, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Onagon. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Onagon or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Onagon or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.

3. Hyperlinks - You are granted a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link is to the entry page of this Site and does not portray Onagon or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Onagon trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Onagon's express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. Onagon has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Onagon does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that Onagon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.

4. Downloadable Materials - Any software, including codes or other materials that are made available to download from this Site, is the copyrighted work of Onagon and/or its suppliers and affiliates. If you download software from this Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of Onagon in the case of codes or other downloadable materials.

5. Limited Access - Access to this Site is limited to the linked Web pages solely for those using the information on the Site for their own personal use. Except as otherwise expressly permitted by Onagon, any access or attempt to access other areas of the Onagon computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor, "mine," or copy the Web pages on the Site or the content contained therein without Onagon's prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper workings of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Onagon's infrastructure.

6. Personal Information - Onagon may from time to time, but is not obligated to, monitor your usage of the Site and collect and store personal information about you or your proposed business venture and you hereby consent to such monitoring, collection and storage. Any collection of personal information will be done and used for Onagon's own purposes only and we will not release, sell, rent or otherwise release that information without your express consent.

USER CONTACT AND COMMUNICATION

By your agreement for use of the PowerplanPro you are allowing Onagon to contact you on occassion, by email or any other form, to advise you of the statis of your account or other important system changes or information. Specifically, you will receive notifications when your account has been inactive for a certain period of time. You may also receive communications that Onagon deems important to your use of the system. It is the intent of Onagon to keep the PowerplanPro databases up to date and clean for the best experience of the the users, therefore accounts that have been inactive for more than 90 days may be removed from the system. Important updates may be made to the system from time to time and it is necessary for Onagon to contact you to insure you that you are informed of upgrades or changes to the system. Contact with the system users other than for purposes deemed necessary by Onagon will done done through an opt-in/opt-out method.

DISCLAIMER WARRANTY

Although this Site uses encryption security, there is no guarantee that personal information and transactions on this Site or on the Internet will be maintained confidential and secure. The use of this Site and the content is at your own risk and Onagon assumes no liability or responsibility pertaining to the content, your use of the Site or the receipt, storage, transmission or other use of your personal information.

The information on this Site is not intended to provide legal, accounting, investment or tax advice to any person and should not be regarded upon in that regard.

This Site, including all software, functions, materials, and information, is provided "as is" without warranties of any kind, either express or implied. Onagon disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs and informational content. Onagon does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Site or any other sites linked to this Site. Use of this Site to create business assessments, financial business projections and/or business plans is at the risk of the user. Onagon makes no warranties, expressed or otherwise, as to the validity, effectiveness or to the potential profitability of any projections or business plans that may be created by using this Site.

The materials of this Site may be out of date, and Onagon makes no commitment to update the materials at this Site. Onagon does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Onagon does not warrant that this Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this Site, software, materials, products, or services will be corrected.

LIMITATION OF LIABILITY

In no event will Onagon, its suppliers or other third parties mentioned at or in this Site be liable for any damages (including, without limitation direct, indirect, special, incidental, or consequential damages), damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

REVISIONS TO THIS AGREEMENT

Onagon may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.

APPLICABLE LAWS & SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan, Canada, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or relating to this Agreement shall be in an appropriate provincial or federal court located in the Province of Saskatchewan, Canada. Should any part of this Agreement be found to be illegal or otherwise unenforceable, Onagon and you shall continue to be bound under the remaining terms of this Agreement.