Welcome to the agilitek.com and johnestrella.com websites (“Site”), which are owned by Agilitek Corporation.
By using/visiting the Site, you agree to be bound by this Agreement. You are only authorized to access this Site or to use the materials and services contained in the Site if you agree to abide by all applicable laws and to this Agreement.
Please read this Agreement carefully and if you do not agree with it, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at firstname.lastname@example.org.
Agilitek reserves the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by Agilitek on the Site. You agree to be bound by any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
Copyright, Access and Use
All materials contained in this Site are protected by international copyright laws and must only be used for personal, non-commercial purposes.
The reproduction, duplication, distribution (including by way of email, facsimile, or other electronic means), publication, modification, copying, or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of Agilitek. This prohibition includes, without limitation, any text, graphics, logos, photographs, audio, or video material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by email at email@example.com.
If Agilitek has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that Agilitek is connected with, operates, or controls these web sites.
You agree that any messages, posts, or other material whatsoever posted by you to the public areas of the Site (“Content”) becomes the property of Agilitek and may be used, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed, or deleted as Agilitek sees fit. You represent and warrant that: (1) you own the Content posted by you on the Site, (2) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (3) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content you post on the site.
Agilitek does not endorse and has no control over the Content submitted by others to the Site. Content submitted to the Site is not necessarily reviewed by Agilitek prior to posting and does not necessarily reflect the opinions or policies of Agilitek. Agilitek makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, Agilitek reserves the right to prevent you from submitting Content to the Site and to edit, restrict, or remove such Content for any reason at any time.
Agilitek assumes no responsibility for actively monitoring the Site for inappropriate Content. If, at any time Agilitek chooses, at its sole discretion, to monitor the Site, Agilitek nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content.
You agree that Agilitek accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts, or removes your Content. You also agree to permit any other user of this Site to access, view, store, or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person. You agree to release Agilitek, together with its respective employees, agents, officers, directors, and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using it.
If you believe that any material contained in this Site infringes your copyright, you should notify Agilitek of your copyright infringement claim to this Site’s Designated Agent who is:
7030 Woodbine Avenue
Markham, ON L3R 6G2
Agilitek will review notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
Disclaimer of Liability and Warranties
You agree that you use this Site and rely on material/Content contained in this Site at your own risk. The Site, and all materials/Content in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Agilitek does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that Agilitek and its employees, agents, directors, officers, and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures, or for the theft, destruction, damage, or unauthorized access to your computer system or network.
You acknowledge that Agilitek is not liable for any defamatory, offensive, or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that Agilitek is not liable for any damages, including, without limitation, direct, incidental, special, consequential, or punitive damages, in connection with or arising from your use or from your inability to use the Site.
You agree to defend, indemnify and hold harmless Agilitek and its employees, agents, directors, officers, and shareholders from and against all the liabilities, claims, damages, and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement, or your breach or alleged breach of the copyright, proprietary or other rights of third parties.
Agilitek reserves the right to immediately terminate your use of, or access to, this Site at any time if Agilitek decides at its sole discretion that you have breached this Agreement or any relevant law, rule, or regulation or you have engaged in conduct that Agilitek considers to be inappropriate or unacceptable.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our Websites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all the terms and conditions set forth herein. You agree that, in interpreting this Agreement, no weight shall be placed upon the fact that this Agreement has been drafted by us, and you shall not assert that this Agreement is unenforceable or invalid on the grounds that it is a contract of adhesion, that it is unconscionable or any similar theory. You understand that we may at any time, directly or indirectly, solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
This Agreement will be governed by Canadian law, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of Canada, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.