TERMS AND CONDITIONS OF THE WEBSITE
OF 177710 Canada Ltd., (HOME-ALYZE®)

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.

Your use of this Internet website, any website that mirrors this website, or any of the content contained in this website is conditional upon your agreement to the following terms and conditions. If you do not agree to these terms and conditions, you must not use this website. We may change these terms from time to time, so please review them periodically as your continued use of this website or any mirror website thereof indicates your acceptance of any changed terms or conditions.

1. No Offer of a Franchise

This website and the Request for Consideration is presented for informational purposes only.
NO OFFER OR SOLICITATION TO BUY OR SELL FRANCHISES OF ANY KIND IS MADE OR GIVEN HEREIN.
An offer of a franchise is made only by the means of an appropriate document such as a Uniform Franchise Offering Circular or a Prospectus, as required by applicable law.

2. Copyright and Trademark

a. Unless otherwise noted, all materials, works and information on this website are protected by the copyrights of Home-Alyze®.
b. Home-Alyze® and any other marks associated with Home-Alyze’s franchise system, are the sole property of Home-Alyze®. No licence to use any of these marks is given or implied. These marks may not be copied, reproduced, used, modified, or distributed in any way without prior written permission of Home-Alyze®.
c. Product and service names used on this server are trademarks owned by Home-Alyze®. Other products or services are trademarks or registered trademarks of their respective owners.
® TM Trademark of AIR MILES International Trading B.V. used under license by LoyaltyOne, Inc. and Home-Alyze®.
d. All rights not expressly granted herein are reserved to Home-Alyze®.

3. Restrictions on Use

All material from www.homealyze.com and any other Internet website that is owned, operated, licensed, or controlled by Home-Alyze® may not be copied, reproduced, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal Web browsing without prior written consent of Home-Alyze® EXCEPT: If you are a Home-Alyze® franchisee, one copy of any documents pertinent to the operation of your business, may be downloaded on a computer or diskette for use within the scope of your operation of Home-Alyze®.

The material in this website is provided for lawful purposes only and any other use or modification of the material found in this website violates the intellectual property rights of Home-Alyze®. Any material that is lawfully downloaded from Home-Alyze’s website, including but not limited to files, data and information, shall be deemed to be licensed to you by Home-Alyze® subject to the restrictions herein. Home-Alyze® retains full and complete title and intellectual property rights to all materials. You may not reproduce, sell, repost, modify, or convert any materials in this website in any manner inconsistent with these Terms and Conditions.

4. Feedback and Submissions

a. You agree that you are and shall remain solely responsible for the contents of any submission you make to Home-Alyze®, and that you shall not submit material that is unlawful, defamatory, abusive or obscene. You agree that you shall not submit anything to the website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

b. While we appreciate your interest in Home-Alyze®, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Consequently, any material you submit to Home-Alyze® whether by this website or otherwise shall be deemed a grant of a royalty-free, perpetual, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute the materials throughout the world in any medium and through any methods of distribution, transmission and display, whether now known or hereafter devised. In addition, you warrant that all so-called "moral rights" to any submitted materials have been waived.

c. Due to the immediate nature of the Internet, Home-Alyze® does not review, censor, approve, edit or endorse information placed in the chat room or on the bulletin board. Such chat rooms and bulletin boards are intended to be appropriate for franchisee members of all sensibilities. Posting of indecent material is strictly prohibited. Posting of information that violates the rights of Home-Alyze® or of third parties, including copyrights, is also strictly prohibited. The placement of advertisements, or solicitation also is prohibited. Posting of information by individuals under the age of 18 is prohibited without parental consent.

d. Home-Alyze® will delete information that infringes upon the rights, including copyrights, trademark rights, privacy rights, rights of publicity and other proprietary rights of Home-Alyze® and third parties. Franchisees accessing the bulletin boards and chat rooms (by password) may lose their access to such areas if they violate these rules. It is agreed that any password used by franchisees to access this website is confidential and shall not be shared with any individual or entity other than managerial level employees within franchisee’s operation with a "need to access" this website. At the termination or expiration of the franchise agreement between Home-Alyze® and you, all passwords will be destroyed and franchisees will no longer be able to access the password-protected areas of this website.

e. Possible evidence of use of this website for illegal purposes will be provided to law enforcement authorities. Submissions to any chat rooms or bulletin boards may be disclosed if, in Home-Alyze’s good faith believe, it is necessary to:

(i) comply with the law;

(ii) to comply with legal process;

iii. to enforce these Terms and Conditions;
iv. to respond to claims that any content violates the rights of third parties; or
v. to protect the interests of Home-Alyze® and others.

5. Website Links

This website may be linked to other websites that are not maintained by Home-Alyze®. Home-Alyze® is not responsible for the content of those websites. The inclusion of any link to such websites does not imply endorsement by Home-Alyze® of these websites; the visitor/browser goes to these linked websites at his/her own risk.

6. Disclaimer

Home-Alyze® does not guarantee that the functions contained in this website will be uninterrupted, accurate or error-free, that this website or its server will be free of viruses or other harmful components, or that defects will be corrected even if Home-Alyze® is aware of them.

Home-Alyze® does not guarantee the accuracy or reliability of any of the information or content contained on, distributed through, or linked, downloaded or accessed from this website. You hereby acknowledge that any reliance upon any of the information on this website shall be at your own risk.

EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO HOME-ALYZE’S SERVICES, ALL CONTENTS OF THE WEBSITE ARE OFFERED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED. HOME-ALYZE® MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATES OR JUSRISDICTIONS DO NOT ALLOW LIMITAIONS ON ALL THESE IMPLIED WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT FULLY APPLY TO YOU.

7. Limitation of Liability

IT IS UNDERSTOOD AND AGREED THAT HOME-ALYZE’S LIABILITY AND YOUR SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE AMOUT THAT YOU (THE USER) PAID TO ACCESS THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL HOME-ALYZE® BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, INJURY OR DAMAGES RESULTING FROM USE OF THIS WEBSITE, DAMAGE TO OR LOSS OF EQUIPMENT, ANY INTERRUPTIONS, DEFECTS, DELAYS, OMISSIONS, OR FAILURE OF TRANSMISSIONS, COMPUTER VIRUS, OR FAILURE TO CONNECT, EVEN IF HOME-ALYZE® HAS BEEN NEGLIGENT OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of indirect, special, incidental, punitive or consequential damages, so the above limitation or exclusion may not apply to you.

8. General Provisions

These Terms and Conditions will be governed and interpreted pursuant to the laws of the province of Alberta, Canada, notwithstanding any principles of conflicts of law. This is the entire agreement between the parties relating to the use of this website. Home-Alyze® can revise these Terms and Conditions at any time by updating these terms and conditions.

For further information on intellectual property matters or use of this website, contact Home-Alyze® at:

201 - 3740B 11A St NE, Calgary, AB T2E 6M6
Phone: (403) 730-9986
Email