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The NickelBus.com Web Site (the “Site”) is an online information service provided by NickelBus (“NickelBus.com“), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. NickelBus.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Use of this Site
   1. You understand that, except for information, products or services clearly identified as being supplied by NickelBus.com, NickelBus.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for NickelBus.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with NickelBus.com a. You also understand that NickelBus.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
   2. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. NickelBus.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND NickelBus.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. NickelBus.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
   3. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. NickelBus.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
   4. You agree to NOT:
      1. Post, use, or transmit content that you do not have the right to post or use; for example, under intellectual property, confidentiality, privacy or other applicable laws.
      2. Post, use, or transmit unsolicited or unauthorized content, including advertising or promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited or unwelcome solicitation or advertising.
      3. Post, use, or transmit content 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 or otherwise interfere with or disrupt NickelBus IT resources.
      4. Post or transmit content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations.
      5. Intimidate or harass another.
      6. Use or attempt to use another's account, service, or personal information.
      7. Remove, circumvent, disable, damage or otherwise interfere with any security-related features.
      8. Attempt to gain unauthorized access to NickelBus IT resources, other accounts, computer systems or networks connected to NickelBus IT resources, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of NickelBus IT resources or any activities conducted through NickelBus IT resources.
      9. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
      10. In addition, you may not (and may not authorize another party to):
          1. frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or,
          2. use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.
2. Third Party Rights
   1. The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of NickelBus.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
   2. Some of the links made available to you through our pages will allow you to leave our websites. Please be aware that the Internet sites available through these links, and the material that you may find there, are not under the control of NickelBus.com.  Therefore, we cannot and do not make any representation to you about these sites or the materials available there, and the fact that we have made these links available to you is not an endorsement or recommendation to you by NickelBus.com of any of these sites or any material found there. NickelBus.com is providing these links only as a convenience to you.
3. Limitation of Liability
   1. IN NO EVENT WILL NickelBus.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF NickelBus.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NickelBus.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
   2. NickelBus.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-NickelBus.com web site, please understand that it is independent from NickelBus.com, and that NickelBus.com has no control over the content on that web site. In addition, a link to a NickelBus.com web site does not mean that NickelBus.com endorses or accepts any responsibility for the content, or the use, of such web site.
4. Indemnification
   1. You agree to indemnify, defend and hold harmless NickelBus.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
   2. NickelBus.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 assist and cooperate with NickelBus.com in asserting any available defenses.
5. Privacy Policy
   1. NickelBus.com is committed to handling responsibly the information and data we collect through our Websites and Services and agrees to use your personal information in accordance with the Privacy Policy and the Terms. The Privacy Policy is hereby incorporated by reference into these Terms.
6. Copyright, Licenses and Idea Submissions
   1. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are NickelBus.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to NickelBus.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to NickelBus.com by all means and in any media now known or hereafter developed. You also grant to NickelBus.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against NickelBus.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to NickelBus.com.
   2. TRADEMARKS.
      1. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of NickelBus.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
7. Security
   1. Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). NickelBus.com will be entitled to monitor your password and, at its discretion, require you to change it.
   2. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NickelBus.com reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. NickelBus.com reserves the right to investigate suspected violations of these Terms of Use.
8. Miscellaneous
   1. This Agreement shall all be governed and construed in accordance with the laws of Canada applicable to agreements made and to be performed in Canada. You agree that any legal action or proceeding between Formatcreativedesign.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Canada . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Formatcreativedesign.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Formatcreativedesign.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
   2. Any rights not expressly granted herein are reserved.
9. Termination
   1. This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Use of the Service), 2 (Third Party Rights), 4 (Indemnification), 7 (Copyright, Licenses and Idea Submissions), and 8 (Miscellaneous) shall survive any termination of this Agreement.