User Agreement
 

LMS: Lease Management System User Agreement ("Agreement")

Please read this Agreement and Disclaimer and the Lease Link Canada Corp. ("Lease Link") Privacy Policy carefully. By accessing this Web Site, submitting information to Lease Link Canada Corp. or utilizing the features of this Web Site, you agree to be bound by all of the terms and conditions in this Agreement and Disclaimer and the Lease Link Canada Corp. Privacy Policy. If you do not agree with the Agreement and Disclaimer or the Lease Link Canada Corp. Privacy Policy, do not access this Web Site.

Use of this Web Site

While Lease Link Canada Corp. has tried to ensure the accuracy, currency and reliability of this Web Site, Lease Link Canada Corp. does not accept any responsibility or liability arising from the use of this Web Site including from any error, omission or from the use of any information contained in this Web Site as explained in EXCLUSION OF WARRANTIES and LIMITATION OF LIABILITY below.

Due to the nature of the Internet, it is not possible for Lease Link Canada Corp. to limit access of this Web Site to those jurisdictions in which it does business. Services, products, or advertisements in this Web Site may therefore not be eligible for solicitation in your jurisdiction. You should not consider anything at this site as an advertisement, offer to sell or as a solicitation of an offer to buy any product or service from Lease Link Canada Corp. This Web Site is for use only by persons residing in jurisdictions where Lease Link Canada Corp. 's services, advertisements or information may legally be offered.

You may not link to any page of this Web Site, unless specifically authorized by Lease Link Canada Corp. to do so.

Proprietary and Confidential Information

You agree to comply with all applicable privacy legislation and to obtain the consent of the lessee, any principal, and any guarantor to the collection, use and disclosure of any personal information for the purposes of credit adjudication by you and us, for the purposes set out in the lease contract and to enable both you and us to provide leasing services. The "Lease Link" trademark and the technology and know-how used in the LMS Lease Management System are owned by us and you have no rights in this intellectual property and information except as specifically set out in this Agreement. You agree not to disclose, copy or otherwise use, in any manner detrimental to us, any intellectual property or other information, which is confidential or proprietary to us, including our criteria for credit decisions, lessee(s), vendor(s), principal(s), guarantor(s), underwriter(s), funder(s), rates and rate factors, cost of funds, broker and other fees, business data and processes, cost and pricing information. Any such proprietary or confidential information shall be held in confidence by you and your employees at all times, and shall not be published, communicated, duplicated, exported, reproduced or disclosed except as may be required to carry out your responsibilities with us. You shall keep in strict confidence all information, which may be acquired in connection with or as a result of the performance of this Agreement, including the information provided by your customers for credit applications.

Non-Disclosure of Confidential Information

You acknowledge that as a result of the nature of your position with Lease Link, you will have access to and will be entrusted with specific detailed Confidential Information concerning Lease Link's Business now or hereafter conducted by Lease Link, including but not limited to information relating to business opportunities, services provided, pricing policies, financial information, marketing schemes, sales and distribution information, and Lessee, Vendor, Account and Underwriter information (all collectively referred to as "Confidential Information") and that the disclosure of any such Confidential Information to the competitors of Lease Link or any other third parties would be detrimental to the best interests of Lease Link and would cause irreparable harm to our interests.

For greater clarity Confidential Information also includes all information without limitation contained in the LMS: Lease Management System.

You also acknowledge that the right to maintain such Confidential Information in confidence constitutes a proprietary right that Lease Link is entitled to protect.

You accordingly covenants and agrees with Lease Link that you will not disclose any such Confidential Information to any third party, except as required in the ordinary course of his duties, nor shall he use such Confidential Information for any purpose other than to further the interests of Lease Link.

Intellectual property rights

You furthermore acknowledges that the Lease Link software and computer programs for the operating and accounting systems used by it have been developed by Lease Link or been acquired by it for valuable consideration from computer programmers or software developers engaged by Lease Link to design specific computer and software programs to meet the specific needs of Lease Link and the said computer and software programs are the intellectual property of Lease Link and you agree that you will not at any time copy, attempt to copy the said programs without Lease Link's specific prior written approval. You further acknowledges that Lease Link has devoted considerable time effort and capital in developing a complete set of precedents for its lease brokerage business and that you shall not during, copy or make use of the said precedents by any means including photo copying, downloading of the said precedent software or programs for your benefit or for the intended benefit of any third party.

Copyright, Trademarks and Trade Names

Except where indicated, all content included on this Web Site, including text, graphics, button icons, images, date compilations and software is the property of Lease Link Canada Corp. and is protected by Canadian and international copyright laws.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this Web Site may constitute trade names, trademarks or service marks of Lease Link Canada Corp. or other entities. Trademarks may be registered in certain countries as applicable. A display of trademarks on pages of this Web Site does not imply that a licence of any kind has been granted. Any unauthorized downloading, retransmission or other copying or modification of trademarks and/or the contents herein may be a violation of the applicable trademark laws in your jurisdiction and could subject the copier to legal action.

Unless otherwise specified, no one has permission to copy, redistribute, reproduce or publish in any form, any information found at this Web Site.

EXCLUSION OF WARRANTIES

LEASE LINK CANADA CORP. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ADEQUACY, ACCURACY, SECURITY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THIS WEB SITE OR THE INFORMATION CONTAINED IN THIS WEB SITE AND LEASE LINK CANADA CORP. EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE WEB SITE OR THIS INFORMATION CONTAINED IN THE WEB SITE. THIS INFORMATION AND THE PRODUCTS AND SERVICES PROVIDED IN THIS WEB SITE ARE PROVIDED "AS IS" "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER STATUTORY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, FREEDOM FROM COMPUTER VIRUS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

LEASE LINK CANADA CORP. INCLUDING, WITHOUT LIMITATION, IT'S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY PECUNIARY LOSS (EVEN IF Lease Link Canada Corp. IS ADVISED OF THE POSSIBILITY) ARISING IN ANY WAY FROM THE USE OF OR RELIANCE ON THIS WEB SITE OR INFORMATION CONTAINED IN THIS WEB SITE OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF LEASE LINK CANADA CORP. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. LEASE LINK CANADA CORP. SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY BE CAUSED TO ANY EQUIPMENT AND OTHER SOFTWARE DUE TO ANY VIRUSES, DEFECTS OR MALFUNCTIONS IN CONNECTION WITH ACCESS OR USE OF THIS WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Choice Of Law

The laws of the Province of Alberta and the laws of Canada applicable therein shall govern as to the interpretation, validly and effect of this agreement notwithstanding any conflict of laws provisions of your domicile, residence or physical location. You consent and submit to the exclusive jurisdiction of the courts of the Province of Alberta in any action or proceeding instituted under or related to this agreement.