Definitions:
DarkStone Data Solutions is a product line of DarkStone Data, a registered business of Ontario, Canada. DarkStone Data Services is a service line of DarkStone Data, a registered business of Ontario, Canada.

User Agreement
By accessing this site, you agree, without limitation or qualification, to all the terms and conditions as stated in this user agreement. DarkStone Data may amend or modify this Agreement or impose new conditions at any time upon inclusion of a notice on this site, signifying that the Agreement has been updated. Use of this after the effective date of such notice shall constitute acceptance by you of the amended conditions.

Ownership and Restrictions
All materials used and displayed on this site, including but not limited to text, software, photographs, graphics, illustrations, artwork, names, logos, trademarks, videos, music, and sound are owned by DarkStone Data or its licensors and are protected by copyright, trademark and other applicable laws, treaties, and conventions. You are prohibited from modifying, displaying, reproducing or distributing any of these materials without prior written from DarkStone Data or the appropriate licensor.

Submissions
By submitting material in any form to darkstone data.com, you agree to:

1. Follow the guidelines for submission pertaining to the specific topic or subject matter within the site.
2. Post only relevant material pertaining to the specific topic or subject matter found within the site.
3. Refrain from posting or transmitting any unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, profane, hateful, racially, ethically or otherwise objectionable material of any kind.
4. Refrain from posting any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate local, state, provincial, national or international law.
5. Refrain from distributing any software or other materials, either directly or indirectly through this site, which contain a virus or other harmful component.

DarkStone Data reserves the right to edit or remove any material submitted by you that it deems necessary. DarkStone Data is not responsible for materials submitted by the users of this site. Submission of material does not guarantee the acceptance and use of such material by DarkStone Data on its web site.

Disclaimer of Warranties and Damages, Limitation of Liability
DarkStone Data makes no warranties or representation that the materials contained on this site are appropriate or authorized for use in all countries, states, provinces, or any jurisdictions. Accessing this site is your choice at your own initiative, therefore, at your own risk. You are responsible for compliance with all applicable laws.

Your use of the information, services, products and any other material within this site, include advice found in articles are provided "as is" and without warranties of any kind, whether expressed or implied. Neither DarkStone Data, nor any of its affiliates, agents, representatives or licensors, to the fullest extent permissible by law, disclaim any and all warranties, including without limitation implies warranties suitability for specific purpose. Neither DarkStone Data, nor any of its affiliates, agents, representatives or licensors do not warrant or represent that the information contained within this site is accurate, complete, reliable or timely.

Neither DarkStone Data, nor any of its affiliates, agents, representatives, or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, punitive, special or similar damages arising out of the access or use of, or your inability to access or use, the information, services, product, or other materials within this site, or arising out of any waive, any all claims, against DarkStone Data, its affiliates, agents, representatives and licensors arising out of your use of any information, service product or other material found within darkstonedata.com.

The following conditions apply to all sales and warranties of DarkStone Data products.

1. Orders
   All contracts of sale made by DarkStone Data shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ('the Customer') with whom DarkStone Data is dealing. Cancellation of orders is not accepted as orders may be despatched on the same day the order is placed.
2. Prices
   Goods and services, together with any Sales Tax, are charged at the price prevailing at time of order. DarkStone Data reserves the right to modify the prices from time to time.
3. Delivery
   Any time or date stated for delivery is an estimate only. DarkStone Data makes every effort to despatch goods on time but does not accept liability for failure to deliver within the stated time. DarkStone Data does not accept liability for shortages or damage to deliveries unless the Customer notifies DarkStone Data in writing within three working days of receipt. The Customer has to accept the goods when they are ready for delivery; delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage shall pass to the Customer. Title in the goods does not pass to the Customer until payment is received in full by DarkStone Data.
4. Payment
   Payment is due at point of ordering of goods.
5. Product specifications
   DarkStone Data makes every effort to supply the goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice. In the event that DarkStone Data cannot supply the goods ordered by the Customer, DarkStone Data reserves the right to supply goods of equal or superior quality at no extra cost.
6. Trade names and Trade Marks
   Trade names and marks (other than DarkStone Data's) are not restricted to indications of manufacturers but may also be indicative of general use systems and machines associated with such products.
7. Returns
   Please refer to DarkStone Data Return Policy for more information.
8. DarkStone Data's liability
   DarkStone Data shall not under any circumstances be liable for any consequential or indirect damages or losses however caused. DarkStone Data's liability in respect of breach of the terms of any order shall be limited to the invoiced value of such order. Nothing in this agreement shall limit DarkStone Data's liability for death or personal injury caused by its negligence.
9. 'Force Majeure'
   DarkStone Data shall not be responsible or liable for any loss, damage, detention or delay caused by or arising from acts, events, omissions, happenings or non happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
10. General
    If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforce ability of the remaining provisions. Any waiver of a breach of this Agreement must be in writing. Any variation of this Agreement must be in writing to be valid. The headings are for convenience only and shall not affect the interpretation of this Agreement. Any notices given under this Agreement shall be in writing and sent:
    1. By pre-paid post to the last known address of the party or
    2. By fax to their last known fax number.
    The notice shall be deemed served:
    1. Two working days after posting or
    2. Upon receipt of a successful transmission report.

This Agreement shall be governed by and construed in accordance with the laws of Canada and the parties submit to the exclusive jurisdiction of the courts in Canada.

Last Updated: July 18, 2009
Reposted: March 01, 2014
DarkStone Data