Introduction

This Terms of Use, hereafter called TOU, is meant to protect you and EntreBahn from inappropriate use of the service. As such, the Terms of Use places certain obligations on you and on EntreBahn to protect each others’ use of the service. Anyone who contravenes this Terms of Use is deemed to be a threat to both you and EntreBahn and as such will be banned from using the site and service.

There is a lot of legalese here, but both the intent and privacy policy take precedence if there is any doubt in your mind.

The Anti-Spam Agreement is also part of this Terms of Use Agreement. Agreeing to our Terms of Use Agreement means you implicitly agree to our Anti-Spam Agreement.

Lastly, this agreement is derived from an agreement published by Nolo Press. Those of you who are familiar with them know that they produce eminently fair agreements. We hope that this eases any concerns that you may have.

Entire Agreement. The TOU constitutes the entire agreement between you and EntreBahn and governs your use of the Service, superseding any prior agreements between you and EntreBahn with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EntreBahn services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOU and the relationship between you and EntreBahn shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions. You and EntreBahn agree to submit to the personal and exclusive jurisdiction of the courts located within the Borough of York, Toronto, Ontario, Canada.

Waiver and Severability of Terms. The failure of EntreBahn to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your EntreBahn account is non-transferable and any rights to your EntreBahn ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within two (2) years after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.

ACCEPTANCE OF TERMS

EntreBahn provides its service to you subject to the following Terms of Use (“TOU”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time at: Terms of Use. In addition, when using particular EntreBahn owned or operated services, you and EntreBahn shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Anti-Spam Agreement) are hereby incorporated by reference into the TOU. EntreBahn may also offer other services that are governed by different Terms of Use.

DESCRIPTION OF SERVICE

EntreBahn provides users with access to a rich collection of resources, including various communications tools, forums, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You can also “opt-in” to advertisements that the Service may offer from time to time. You also understand and agree that the Service may include certain communications from EntreBahn, such as service announcements, and administrative messages, and that these communications are considered part of EntreBahn membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new EntreBahn properties, shall be subject to this Terms of Use. You understand and agree that the Service is provided “AS-IS” and that EntreBahn assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the possible display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EntreBahn has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EntreBahn has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).