Terms and Conditions
This website ("Site") is provided to you by Maya-Systems inc ("Maya-Systems inc"). Your access to and use of this Site is subject to these Terms and Conditions. By accessing this Site you ("you") agree to be bound by these Terms and Conditions whether or not you have read them. If you do not agree to these Terms and Conditions, do not access this Site. Maya-Systems inc may at its sole discretion modify these Terms and Conditions at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, you must immediately stop using this Site.
Use of Information
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Maya-Systems inc's sole discretion. Information provided on this Site is not considered full disclosure for the purpose of trading in the securities of Maya-Systems inc. This Site is for general information purposes only and is not intended to provide you with any personalized financial, insurance, legal, accounting, tax or other professional advice. This Site should not be used as a substitute for independent research or for personal advice and prior to trading in securities of Maya-Systems inc, you should consult the appropriate professional advisers.
The information and materials presented on this Site are not to be used or construed as a public offering, an offer to sell or the solicitation of an offer to buy any securities of Maya-Systems inc.
The information and materials presented on this Site should not be interpreted to state or imply that past results are indicative of future performance.
Changes to the Site
Changes may be made at any time to the information, names, text, software, images, pictures, logos, trade-marks, products and services and any other material displayed on, offered through or contained on this Site.
The Site does not automatically gather any personal information from you, such as your name, phone number or e-mail address. We would obtain this type of information if you supply it by sending us an e-mail or other communication separate from the Site.
Maya-Systems inc may employ software programs and other methods to monitor network traffic on its Site to identify unauthorized attempts to upload or change information, or otherwise cause damage to the Site or other assets of Maya-Systems inc. These programs and methods may receive and record the Internet Protocol ("IP") address of the computer that has contacted our Site, the date and time of the visit and the pages visited. We may attempt to link these addresses with the identity of individuals visiting our Site if an attempt to damage the Site or other Maya-Systems inc assets has been detected.
This Site may contain links or references to third-party websites including affiliates of Maya-Systems inc. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Maya-Systems inc even if such third party is a Maya-Systems inc affiliate. Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such websites.
Your use of this Site will at all times comply with all applicable laws. You will not use this Site to (a) engage in denial of service attacks, transmit disabling mechanisms or take actions designed to impair network access; (b) infringe any third party's intellectual property or proprietary rights; (c) transmit or disseminate content that you do not have the right to transmit or disseminate under law, or contractual or fiduciary relationships; or (d) transmit or disseminate content that contains personally identifiable information not belonging to you.
The materials displayed on or contained within this Site including, without limitation, all software, tools, design, text, reports, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trade-marks and service marks (the "Materials"), are the property of Maya-Systems inc and its affiliates or licensors and are protected by copyright, trade-mark and other intellectual property laws. All rights reserved.
Maya-Systems inc hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display on the Site the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to produce, reproduce, republish, modify, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third-party website) without express prior written consent of Maya-Systems inc. Use of Materials is only permitted with the express written permission of Maya-Systems inc and/or its affiliates or licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.
This provision shall survive the termination of your right to use this Site.
Certain statements on this Site, including in Disclosure Documents, other than statements of historical fact, are forward-looking statements based on certain assumptions and reflect Maya-Systems inc's current expectations, or with respect to disclosure regarding Maya-Systems inc's public subsidiaries, reflects such subsidiaries' disclosed current expectations. Forward-looking statements are provided for the purposes of assisting the reader in understanding Maya-Systems inc's financial performance, financial position and cash flows as at and for the periods ended on certain dates and to present information about management's current expectations and plans relating to the future and the reader is cautioned that such statements may not be appropriate for other purposes. These statements may include, without limitation, statements regarding the operations, business, financial condition, expected financial results, performance, prospects, opportunities, priorities, targets, goals, ongoing objectives, strategies and outlook of Maya-Systems inc and its subsidiaries, as well as the outlook for North American and international economies for the current fiscal year and subsequent periods. Forward-looking statements include statements that are predictive in nature, depend upon or refer to future events or conditions, or include words such as "expects", "anticipates", "plans", "believes", "estimates", "seeks", "intends", "targets", "projects", "forecasts" or negative versions thereof and other similar expressions, or future or conditional verbs such as "may", "will", "should", "would" and "could".
By its nature, this information is subject to inherent risks and uncertainties that may be general or specific and which give rise to the possibility that expectations, forecasts, predictions, projections or conclusions will not prove to be accurate, that assumptions may not be correct and that objectives, strategic goals and priorities will not be achieved. A variety of factors, many of which are beyond Maya-Systems inc's and its subsidiaries' control, affect the operations, performance and results of Maya-Systems inc and its subsidiaries and their businesses, and could cause actual results to differ materially from current expectations of estimated or anticipated events or results. These factors include, but are not limited to: the impact or unanticipated impact of general economic, political and market factors in North America and internationally, interest and foreign exchange rates, global equity and capital markets, management of market liquidity and funding risks, changes in accounting policies and methods used to report financial condition (including uncertainties associated with critical accounting assumptions and estimates), the effect of applying future accounting changes, business competition, operational and reputational risks, technological change, changes in government regulation and legislation, changes in tax laws, unexpected judicial or regulatory proceedings, catastrophic events, Maya-Systems inc's and its subsidiaries' ability to complete strategic transactions, integrate acquisitions and implement other growth strategies, and Maya-Systems inc's and its subsidiaries' success in anticipating and managing the foregoing factors. The reader is cautioned to consider these and other factors, uncertainties and potential events carefully and not to put undue reliance on forward-looking statements. Information contained in forward-looking statements is based upon certain material assumptions that were applied in drawing a conclusion or making a forecast or projection, including management's perceptions of historical trends, current conditions and expected future developments, as well as other considerations that are believed to be appropriate in the circumstances, including that the foregoing list of factors, collectively, are not expected to have a material impact on Maya-Systems inc and its subsidiaries. While Maya-Systems inc considers these assumptions to be reasonable based on information currently available to management, they may prove to be incorrect.
Other than as specifically required by applicable Canadian law, Maya-Systems inc undertakes no obligation to update any forward-looking statement to reflect events or circumstances after the date on which such statement is made, or to reflect the occurrence of unanticipated events, whether as a result of new information, future events or results, or otherwise.
Additional information about the risks and uncertainties of the Corporation’s business and material factors or assumptions on which information contained in forward-looking statements is based is provided in its disclosure materials.
Disclaimer of Warranties
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE OR DOCUMENTATION CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. MAYA-SYSTEMS INC MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE, DOCUMENTATION AND LINKS CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED ACCESS, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, SOFTWARE OR DOCUMENTATION PROVIDED THROUGH THIS SITE. IN ADDITION, MAYA-SYSTEMS INC DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
Limitation of Liability
IN NO EVENT SHALL MAYA-SYSTEMS INC, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME, GOODWILL OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD-PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES CONTAINED OR REFERRED TO ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; WHETHER OR NOT MAYA-SYSTEMS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
You agree to indemnify and hold harmless Maya-Systems inc and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions; and (b) your use of this Site. This provision shall survive the termination of your right to use this Site.
Maya-Systems inc may at any time and at its sole discretion terminate your right to use this Site.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of Québec and the laws of Canada applicable therein and the parties irrevocably attorn to the jurisdiction of the courts of the Province of Québec. This provision shall survive the termination of your right to use this Site.
These Terms and Conditions constitute the entire agreement between you and Maya-Systems inc with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto. No failure by Maya-Systems inc or you to exercise any rights, powers or remedies hereunder, or any delay in such exercise, shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms and Conditions or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This provision shall survive the termination of your right to use this Site.