TERMS

This website is offered to you conditional upon your acceptance of the terms and conditions set out below, as well as any amendments or additional terms, policies or procedures published on this website from time to time by pendock.com. ("Pendock Mallorn Ltd."). You should check these terms and conditions from time to time to keep informed of any such amendments or additions.

By accessing and using this website, you are deemed to have agreed to these terms and conditions. Pendock Mallorn Ltd. shall have the right at any time to change or discontinue any aspect or feature of this web-site, including, but not limited to, content, hours of availability, and equipment needed for access or use.

I . Copyright © 2001 Pendock Mallorn ltd. All rights reserved.

Pendock Mallorn Ltd., (" pendock.com”) either owns the intellectual property rights in the underlying HTML, text audio clips, video clips and other content on our website (including the organization and layout of this site), or has obtained the permission of the owner of the intellectual property in such content to use the content on our website. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the prior written permission of Pendock Mallorn Ltd..

2. Limited License

Pendock Mallorn Ltd. grants to you a strictly limited license to display on your computer, print, download and use a single copy of the underlying HTML, text, audio clips, video clips and other content on our website (other than the trade-marks of our mall merchants), for non-commercial (personal or educational) purposes only, provided that:

1. you do not modify any such content; and
2. you include with and display on each copy of such content the associated copyright notice and this limited license.
   

No other use is permitted. Without limiting the generality of the foregoing, you may not:

1. make any commercial use of such content;
2. include such content in or with any product that you create or distribute;
3. copy such content onto your or any other person's web site; or
4. distribute it to any-one whatsoever.
   

Notwithstanding the above, nothing contained in this license shall be construed as conferring, any right under any copyright of Pendock Mallorn Ltd. or any other person who owns the copyright in content provided on our website.

3. TradeMarks

The following are trademarks of Pendock Mallorn Ltd.: pendock.com., homepage, registered or unregistered, that appear, or may in the future appear, on the website. The names of all products and services mentioned on our website are the trademarks of their respective owners.

The display of trademarks or Trade-Names on this website including the trade-marks of our mall merchants does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.

4. Liability Disclaimer

You use this website and any content you choose to download at your own risk. If your use of this website or the materials therein results in any loss or damage to data or in the need for servicing or replacing property, material or equipment, or any other damage whatsoever, Pendock Mallorn Ltd. is not responsible for those costs.

PENDOCK MALLORN LTD. DOES NOT WARRANT THE QUALITY, ACCURACY OR CONPLETENESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON OUR WEBSITE. FURTHER, PENDOCK MALLORN LTD. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION OR PRODUCT CONTAINED OR OFFERED ON THIS WEBSITE FOR ANY PURPOSE. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN NO EVENT SHALL PPENDOCK MALLORN LTD. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR, INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL BREACH OR IF PENDOCK MALLORN LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES,

Pendock Mallorn Ltd. expressly declaims any responsibility or liability for any damage, loss or injury arising out of the following:

• the activities of any merchant included on or linked to this site;
• the goods or services offered or the content displayed by any of the merchants included on this website or any merchant websites; or
• your purchase of or inability to purchase any merchant's goods or services.
  

5 . Merchant Areas and Links to Third Party Sites

This website may contain areas maintained by or on behalf of merchants as well as hyperlinks to websites operated by parties other than Pendock Mallorn Ltd.. Such merchant areas and hyperlinks are provided for your reference only. Pendock Mallorn Ltd. does not control such merchant areas and websites and is not responsible for their content. No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this website. Pendock Mallorn Ltd. performs no independent investigations and/or verification of information provided by merchants or other third parties linked to this site and assumes no responsibility for the accuracy of any information provided by merchants or contained on linked sites. Pendock Mallorn Ltd. does not warrant the condition of merchandise advertised, the character of the third parties, the advertised rates, or any claims made by the third parties about the locations, configurations and suitability of merchandise advertised. Your access and use of such merchant areas or other sites, including information, material, products and services herein, are solely at your own risk. Furthermore, our privacy policy statement is applicable only when you are on our website. Once linked to another website, you should read that site's privacy policy before disclosing any personal information.

6. Financial Responsibility

You represent and warrant that:

1. You are at least 18 years of age and have the legal right to enter into this agreement and to use this website in accordance with all terms and conditions herein; and
2. All information supplied by you or members of your household to Pendock Mallorn Ltd. through this website shall be true and accurate.
   

You agree to be financially responsible for your use of this website, as well as for use of your account by others, including, without limitation, minors living with you.

7. Submissions

Pendock Mallorn Ltd. welcomes your comments regarding this website. Unfortunately, Pendock Mallorn Ltd. will not accept or consider creative ideas, Suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do send us creative materials or other information, you agree not to assert any ownership right or legal right to or control over your submission (including, but not limited to, copyright, trade mark, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, an acknowledgment or credit.

8. Use of Bulletin Board, Chat Site, etc.

You agree to use any bulletin board or other forum for communication solely to send and receive messages and material that are related to the particular forum, You acknowledge that chats, postings, conferences, and other communications by you or any other person are not endorsed by Pendock Mallorn Ltd., and such communications should not be considered to have been reviewed, screened, or approved by Pendock Mallorn Ltd.. If you rely on information posted by other users, you do so solely at your own risk.

You agree that upon posting material on the Pendock Mallorn Ltd. website, you grant Pendock Mallorn Ltd. and its successors and assigns a non-exclusive, worldwide, royalty--free, perpetual right and license under your copyright to use, adapt, publish, distribute, translate, reproduce and create works derived from or based upon such material in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising.

You shall use this website for lawful purposes only, You shall not use this website to do any of the following:

post, store, transmit, download or distribute any threatening, abusive, libelous, defamatory, obscene, or legally objectionable materials of any kind, including anything constituting or encouraging a criminal offense, giving rise to civil liability, or otherwise violating any laws;

1. post any non-public information about companies without the proper authorization to do so;
2. provide false information on your registration, or impersonate someone else;
3. post, transmit or otherwise distribute any materials that contain a virus, trojan horse, worm, or other harmful or disruptive component; or
4. upload, post, transmit or otherwise distribute or reproduce any information,
   software or other material protected by copyright, or other intellectual property without the permission of the copyright owner or the holder of the right.
   

Pendock Mallorn Ltd. reserves the right for any reason to remove without notice any content of this website received from you, including without limitation bulletin board postings. Pendock Mallorn Ltd. reserves the right to deny, in its sole discretion, any person access to this website or any portion thereof without notice, Pendock Mallorn Ltd. reserves the right to edit any notices of postings for clarity and length.

9. Indemnification

You agree to defend, indemnify and hold harmless Pendock Mallorn Ltd., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including lawyers' fees, arising out of your use of this website.

10. Monitoring

Pendock Mallorn Ltd. shall have the right, but not the obligation, to monitor the content of this website, including chat rooms and forums, to determine compliance with these terms of use and any operating rules established by Pendock Mallorn Ltd. and to satisfy any law, regulation or authorized government request. Pendock Mallorn Ltd. shall have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on this website. Without limiting the foregoing, Pendock Mallorn Ltd. shall have the right to remove any material that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

11. Termination

Without limiting the foregoing, Pendock Mallorn Ltd. shall have the right to immediately terminate your access to this website in the event of any conduct by you which Pendock Mallorn Ltd., in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use.

12. Governing Law

This site is created and controlled by Pendock Mallorn Ltd. in the Province of Ontario, Canada, As such, the laws of the Province of Ontario, and the federal laws of Canada applicable therein, shall govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of law. Pendock Mallorn Ltd. reserves the right to make changes to its site and these disclaimers, terms and conditions at any time.

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