1. Acceptance of Terms
The following are terms of a legal agreement between You, Your employee’s, agents, affiliates and representatives (collectively “You” or “Your”) and sudburymatt.com on behalf of all related sites (forums.sudburymatt.com etc.), their owner, agents and affiliates (collectively “sudburymatt.com”). By accessing, browsing and/or using the Services [as set out in section 5 of these Terms and Conditions of Use] of this site, You acknowledge that You have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use. For greater clarity, even if You do not use the Services You acknowledge that You have read, understood and agree with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use while accessing or browsing the site. You further agree to be governed by any additional terms and conditions that may apply to You arising out Your accessing, browsing and/or using of this site, whether contained on this site or in a separate agreement with sudburymatt.com. In the event of any conflict between these Terms and Conditions of Use and such additional terms and conditions, these Terms and Conditions of Use shall govern. sudburymatt.com reserves the right, in its discretion, to update or revise these Terms and Conditions of Use and to post such updated or revised Terms and Conditions of Use on this site without notice to You. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT VISIT, ACCESS, BROWSE OR OTHERWISE USE THIS SITE. YOU ACKNOWLEDGE THAT IS YOUR OBLIGATION UNDER THESE TERMS AND CONDITIONS OF USE TO CHECK THE TERMS AND CONDITIONS OF USE PERIODICALLY FOR CHANGES. YOU FURTHER ACKNOWLEDGE THAT YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS AND CONDITIONS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
2. Privacy
From time to time, You may be requested to provide sudburymatt.com with personal information. Such personal information is subject to sudburymatt.com’s Privacy Policy. To view sudburymatt.com s Privacy Policy, please visit the following link.
3. Third Party Information and Links
This site may contain links to third party Web sites (“Linked
Sites”), and may incorporate information obtained from third
parties (“Third Party Information”). The Linked Sites and
Third Party Information are not under the control of sudburymatt.com,
and sudburymatt.com is not responsible for the contents of any Linked
Site or Third Party Information, including without limitation the
accuracy, copyright compliance, legality, decency, links or any other
aspect of the Linked Sites or the Third Part Information.
sudburymatt.com is not responsible for any form of transmission
received from any Linked Site nor is sudburymatt.com responsible if
the Linked Site is not working appropriately. sudburymatt.com
provides such links and information to You only as a convenience, and
the inclusion of any link or Third Party Information does not imply
endorsement by sudburymatt.com of the site or any association with
its operators. You are responsible for viewing and abiding by the
privacy statements and the terms of use posted at the Linked
Sites.
Any dealings with third parties conducted through
the site or Linked Sites, including the delivery of and the payment
for goods and Services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
You and the third party. sudburymatt.com shall not be responsible or
liable for any part of any such dealings.
4. Your Use Obligations
In consideration of Your use of any Services provided on the site,
You agree to: (a) provide true, accurate, current and complete
information about Yourself where prompted by the site (such
information being the “Personal Data”) and (b) maintain and
promptly update the Personal Data to keep it true, accurate, current
and complete. If You provide any information that is untrue,
inaccurate, not current or incomplete, or sudburymatt.com has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, sudburymatt.com has the right
to suspend or terminate any Services provided to You by
sudburymatt.com and refuse any and all current or future use of
sudburymatt.com Services (or any portion thereof).
You are
responsible for all activities undertaken by You using any service
provided by sudburymatt.com , including, without limitation, access
to materials on the Internet (whether at a password protected site or
not) and use of email. All such activities are at Your own risk. You
shall not use, nor permit others to use, this site or any
sudburymatt.com Services provided through this site in a manner or
for a purpose contrary to these Terms and Conditions of Use. In the
event that You access other networks or computing resources, You
agree to abide by their respective usage policies. You are
responsible for all activities that occur under Your password or
account, and will keep Your password(s) confidential. You will
immediately notify us of any unauthorized use of Your password or
account or any other breach of security. You will not disrupt the
functioning of the site, solicit another user’s password, or
otherwise act in a way that interferes with other users’ use of the
site. Nor may You post or distribute any computer program that
damages, detrimentally interferes with, surreptitiously intercepts,
or expropriates any system, data, or personal information.
Services
provided by sudburymatt.com are not intended for use by children. In
the event that You, as a legal guardian, wish to allow Your child to
use this site and/or any sudburymatt.com Services, You acknowledge
that Your child will have permission to access this entire site and
any sudburymatt.com Services, including the Services set out in
section 5. You further acknowledge that, as the legal guardian, it is
Your responsibility to determine whether use of the sudburymatt.com
Services and/or content transmitted through the sudburymatt.com
Services is appropriate for Your child.
sudburymatt.com
does not claim ownership of the materials You provide to
sudburymatt.com in any way. However, by posting, uploading,
inputting, providing or submitting any such materials, You are
granting sudburymatt.com and any necessary sublicensees permission to
use Your submitted materials in connection with the operation of its
business, including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat Your submitted material; and to publish
Your name and any contact information You approve of in connection
with Your submitted material. No compensation will be paid with
respect to the use by sudburymatt.com of Your submitted material, as
provided herein. sudburymatt.com is under no obligation to post or
use any material You may provide and sudburymatt.com may remove any
such material at any time in its sole discretion and without notice
to You. By posting, uploading, inputting, providing or submitting
Your material You warrant and represent that You own or otherwise
control all of the rights to Your material as described in this
section including, without limitation, all the rights necessary for
You to provide, post, upload, input or submit the material.
Notwithstanding the foregoing, any suggestions, improvements or
modifications to sudburymatt.com products and Services
(“Enhancements”) made by You or anyone acting on Your
behalf, including Your employees, will be the property of
sudburymatt.com without any further consideration to You, whether or
not such Enhancements are incorporated into sudburymatt.com products
Services.
5. Services and Prohibited Uses of Services
You may not use this site and/or sudburymatt.com Services in any
manner which could damage, disable, overburden, or impair this site
and/or any sudburymatt.com Services (or the network(s) connected to
such site or Services) or interfere with any other party’s use and
enjoyment of this site and/or sudburymatt.com Services. You may not
attempt to gain unauthorized access to this site and/or any
sudburymatt.com Service, other accounts, computer systems or networks
connected to this site, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available to You
through this site.
This site contains Services and/or
other personal message or communication facilities designed to enable
You to communicate information to others (“Services”). You
agree to use the Services only to post, send and receive messages, to
post thread comments and web content material that are proper and,
when applicable, related to the particular Service. By way of
example, and not as a limitation, You agree that when using a
service, You will not:
- Use the Service in connection with Third party surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Falsely hold Yourself out as a current or former serving member of the Canadian Armed Forces or the armed forces organized by the government of another nation.
- Upload, post, email, transmit or otherwise make available any material that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as software protected by intellectual property laws, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files.
- Post, publish, modify, transmit, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Services, our network or telecommunication services.
- Advertise or offer to sell or buy any goods or services for any purpose except as provided in the forums of the website or under a contract of advertising with sudburymatt.com.
- Download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any email headers, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of email, software or other material in order to disguise the origin of such email, software or material.
- Restrict or inhibit any other user from using and enjoying the Services, or create an unusually large burden on the Services, such as by generating levels of traffic sufficient to impede others’ ability to send or retrieve information.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service as set out in the Directing Staff Regulations (the “Directing Staff Regulations”) of sudburymatt.com.
- Harvest or otherwise collect information about others, including e-mail addresses, without prior written authorization from such owners of such information.
- Resell any of the Services or use the Services other than for Your own personal purposes. Without limiting the foregoing, You agree that You will not use the Services to provide Internet access or any other feature of the Services to any third party.
- Violate any applicable laws or regulations.
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity, or create a false identity to mislead others.
- Violate the applicable laws and principles relating to Operational Security, Communications Security and Personal Security as set out in the National Defence Act, the Security of Information Act and any other statute which, without limitation, deals with similar matters of information security.
sudburymatt.com has no obligation to monitor the Services.
However, sudburymatt.com reserves the right to review materials
posted to or sent through a Service and to remove any materials in
its sole discretion. sudburymatt.com further reserves the right to
terminate Your access to any or all of the Services and this site at
any time, without notice, for any reason whatsoever.
sudburymatt.com reserves the right at all times to
disclose any information as sudburymatt.com deems necessary to
satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in sudburymatt.com’s sole discretion.
Always use caution when giving out any personally
identifying information about Yourself or Your children in any
Service. sudburymatt.com does not control or endorse the content,
messages or information found in any Service and, therefore,
sudburymatt.com specifically disclaims any liability with regard to
the Services and any actions resulting from Your participation in any
Service.
Materials uploaded to a Service may be subject
to posted limitations on usage, reproduction, dissemination or other
requirements. You are responsible for adhering to such limitations if
You download the materials.
All information, data, text,
software, music, sound, photographs, graphics, video, messages, or
other materials (“Content”) posted to the sudburymatt.com
website by any users are the sole responsibility of those users.
sudburymatt.com does not guarantee the accuracy, copyright
compliance, legality, integrity, quality, or decency of such Content.
You acknowledge that posting Your name, contact information, and any
personal information in any thread on the website places that
information into a public forum and You agree to save sudburymatt.com
from all harm and liability as expressly set out these Terms and
Conditions of Use.
6. Personal and Non-Commercial Use
Unless otherwise specified, the Services provided on this site are for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site.
7. International Use
As this web site may be accessed globally, if You choose to access this site from locations other than Canada You do so on Your own initiative and You are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which You reside. Notwithstanding the foregoing, sudburymatt.com makes no representation that materials on this site are appropriate or available for use in locations outside of Canada and accessing them from territories where their contents are illegal is prohibited.
8. Use of Email and Personal Message Services
You agree that sudburymatt.com may establish limits concerning use
of any Services (including personal message services) offered on this
site, including without limitation, the maximum number of days that
personal messages will be retained by the Service, the maximum number
of personal messages that may be sent from or received by an account
on the Service, the maximum size of a personal message that may be
sent from or received by an account on the Service, the maximum disk
space that will be allotted on sudburymatt.com servers on Your
behalf, and the maximum number of times and duration You may access
the Service in a given period of time.
You agree that
sudburymatt.com has no responsibility or liability for the deletion,
corruption or failure to store any messages or other content
maintained or transmitted by the Service. You acknowledge that
sudburymatt.com reserves the right to delete accounts without notice
to You that are inactive for an extended period of time.
sudburymatt.com MAKES NO WARRANTY THAT ANY SERVICE WILL
BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
In
addition to the terms and conditions set out herein, You agree that
You: (a) will not continue to send email of any nature to a recipient
if recipient has requested that You discontinue such communication;
(b) will not forward or propagate chain letters of any type
(including charity requests or petitions for signatures), whether or
not the recipient wishes to receive such mailings; (c) will not
intentionally flood a user, server, account or site with large or
numerous email messages; and (d) will not forge header information.
sudburymatt.com prohibits the use of accounts or network
connections, to collect replies of messages sent from any another
provider that violates these terms and conditions of use or those of
the originating provider.
9. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS SITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. sudburymatt.com HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS SITE; HOWEVER, sudburymatt.com ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL sudburymatt.com BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
YOU SPECIFICALLY AGREE THAT sudburymatt.com SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT
SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE.
YOU SPECIFICALLY AGREE THAT sudburymatt.com IS NOT RESPONSIBLE OR
LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL
CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF
ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU
SPECIFICALLY AGREE THAT sudburymatt.com IS NOT RESPONSIBLE FOR ANY
CONTENT SENT USING THE SERVICES AND/OR INCLUDED IN THIS SITE BY ANY
THIRD PARTY.
IN NO EVENT SHALL sudburymatt.com BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION,
THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2)
COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4)
DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY)
ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE
THIS SITE, WHETHER OR NOT sudburymatt.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11. Indemnification
You agree to defend, indemnify, and hold harmless sudburymatt.com from all claims and threatened claims, liabilities, damages of any kind including direct, indirect, special, consequential, compensatory, aggravated and punitive damages,costs and legal expenses (including attorney’s fees), that arise from Your use or misuse of this site, including without limitation content sent or posted by You through the Services, Your connection to this site and/or sudburymatt.com Services, Your non-compliance with these terms and conditions of use, or Your violation of any third-party rights. sudburymatt.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with sudburymatt.com in asserting any available defenses.
12. Content Submitted to sudburymatt.com by You
By posting, uploading, inputting, providing or submitting any
information or material to this site to be used as web content, You
consent to sudburymatt.com collection of such information, and You
grant sudburymatt.com permission to use such submitted information in
connection with the operation of this site, including, without
limitation, the worldwide, royalty-free rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat Your submitted information; and subject to
Your written approval to publish Your name and any contact
information You in connection with Your submitted information. Unless
You expressly state otherwise, You warrant and represent that You own
or otherwise control all of the rights to any information or material
submitted by You to sudburymatt.com through this site or otherwise,
including, without limitation, all the rights necessary for You to
provide, post, upload, input or submit Your submitted information.
You expressly agree not to remove the copyright statement from the
work of any Third Party for any information or material that You
upload, input, provide or submit to the sudburymatt.com website. You
further agree not to submit any copyright works in any material form
to sudburymatt.com without the consent of the owner or as otherwise
permitted under the statutory and regulatory provisions of the
Copyright Act, R.S.C. 1985 as amended. No compensation will be paid
with respect to the use of Your submitted information.
sudburymatt.com is under no obligation to post or use any information
You may provide and sudburymatt.com may remove any such information
at any time in its sole discretion without notice to You. For greater
certainty, sudburymatt.com does not claim ownership to any
information that You may provide to sudburymatt.com, unless otherwise
expressed in a written agreement between You and sudburymatt.com.
Notwithstanding the foregoing, any Enhancements made by You or anyone
acting on Your behalf, including Your employees, will be the property
of sudburymatt.com without any further consideration to You, whether
or not such Enhancements are incorporated into sudburymatt.com
products and Services.
In the event that You submit
personal information to sudburymatt.com in confidence through this
site, You consent to the collection, processing, transmission and
disclosure of such information by sudburymatt.com for the purposes of
sudburymatt.com internal use and specifically the purposes set out on
the web page requesting such information or in sudburymatt.com
Privacy Policy. sudburymatt.com will make commercially reasonable
efforts to keep such personal information confidential, and shall not
disclose such personal information to any third party except: (a) in
confidence and to facilitate the provision of products and Services
to You, (b) to the extent required by law, or (c) in accordance with
sudburymatt.com’s privacy policy.
13. Intellectual Property Rights
You agree that You do not acquire any intellectual property or
other proprietary rights, including patents, designs, trademarks,
copyright or trade-secrets, relating to the contents of this site,
including without limitation, software and information, except as
otherwise expressly specified in an appropriate license or other
mutually agreed upon, written agreement that You may have with
sudburymatt.com. Any grants not expressly granted herein are
reserved.
Contents of this site are © 2016
sudburymatt.com unless expressly stated otherwise. All rights
reserved.
14. Modifications to Services Provided
sudburymatt.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Services (including email Services) provided through this site (or any part thereof) with or without notice. You agree that sudburymatt.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Services.
15. Violation of Terms and Conditions of Use and Termination
Where feasible (in sudburymatt.com’s sole discretion),
sudburymatt.com will advise You of any inappropriate behaviour on
Your part and any necessary corrective action. However, if this site
or any sudburymatt.com Services are used in a way in which
sudburymatt.com, in its sole discretion, deems to violate these terms
and conditions of use, sudburymatt.com or its agent [the “Admin
Staff”] acting reasonably may take any responsible actions they
deem appropriate. Such action may include, but is not limited to, the
procedures and consequences set out in the Directing Staff
Regulations, temporary or permanent removal of content, filtering of
Internet transmissions and the immediate suspension or termination of
all or any portion of the Services. You expressly acknowledge and
agree that sudburymatt.com shall not be liable in any way for any
such responsive actions. The above-described actions are not
sudburymatt.com’s exclusive remedies and sudburymatt.com may take any
other legal, equitable or technical action it deems appropriate.
sudburymatt.com reserves the right to investigate
suspected violations of these terms and conditions of use. You hereby
authorize sudburymatt.com to cooperate with (1) law enforcement
authorities in the investigation of suspected criminal violations and
(2) system administrators at Internet service providers, networks or
computing facilities in order to enforce these terms and conditions
of use. Such cooperation may include sudburymatt.com providing the
username, IP address, or other identifying information about You.
Upon termination of any account You may have with sudburymatt.com,
You authorize sudburymatt.com to delete any files, programs, data and
email messages associated with such account.
Notwithstanding
the foregoing, sudburymatt.com reserves the right, in its sole
discretion, to terminate Your access to this site and sudburymatt.com
Services or any portion thereof, for any reason without notice.
16. Notice
You agree to the following:
-
All demands, notices, communications and reports required
under these Terms and Conditions of Use, including any notice of
infringement of Your copyright, shall be in writing and shall be
personally delivered or sent by reputable overnight courier Services
(delivery charges prepaid) to sudburymatt.com at the address
specified below:
sudburymatt.com
P.O. Box 144
Port Williams, NS
B0P 1T0
Attention: Mike Bobbitt
e-mail: webadmin@sudburymatt.com - By visiting, accessing, browsing or otherwise using this site either by Yourself or through Your employee, agent, affiliate or representative, You acknowledge and expressly agree that it is Your responsibility to notify sudburymatt.com within 30 days of Your intention to initiate or otherwise commence legal proceedings of any kind or nature directly concerning or involving the sudburymatt.com website as a party in such proceedings. You further agree that You will contact sudburymatt.com promptly upon Your discovery of any of the issues that may cause You to initiate any such legal proceedings.
- You agree that prior to initiating or commencing any legal proceedings You will first contact sudburymatt.com for the purpose of facilitating a reasonable settlement and that You will act reasonably in furtherance of any settlement discussions.
- You agree that should You fail to comply with any of the notice or settlement provisions set out in this section, You will not attempt to hold sudburymatt.com liable in any court or other legal proceedings for any costs and damage awards arising from Your breach of the notice and settlement provisions, including without limitation any attorney’s fees and damage awards of any kind or nature.
- The parties expressly agree that the time for the notice provisions set out in subsection (b) above will be stayed during any period of time that settlement discussions are ongoing. Notwithstanding the provisions set out in this section, You acknowledge that sudburymatt.com may take the whatever steps deemed necessary to obtain relief from Your breach of these Terms and Conditions of Use, including injunctive and other equitable relief.
17. General Provisions
This agreement is governed by the laws of the Province of Ontario,
Canada, without regard to conflict of laws provisions, and You agree
to submit to the exclusive jurisdiction of the courts located in the
Province of Ontario, Canada. The parties expressly agree that neither
the United Nations Convention on Contracts for the International Sale
of Goods nor the Uniform Computer Information Transactions Act shall
apply to these terms and conditions of use or to any contracts
relating to goods or Services obtained through this site. No joint
venture, partnership, employment, or agency relationship exists
between You and sudburymatt.com as a result of this agreement or use
of this site and/or sudburymatt.com’s Services. Performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of sudburymatt.com’s
right to comply with governmental, court and law enforcement requests
or requirements relating to Your use of this site, sudburymatt.com
Services or information provided to or gathered by sudburymatt.com
with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire
agreement between You and sudburymatt.com with respect to this site
and sudburymatt.com Services and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral or written, between You and sudburymatt.com with respect to this
site and sudburymatt.com Services. A printed version of this
agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form. It is the express will of
the parties that this agreement and all related documents have been
drawn up in English.