Website Terms and Conditions

The materials on HUMMINGBIRDTOOLS.COM ("HUMMINGBIRDTOOLS") Website (the "Site"), which may include text, images, audio clips, video clips, software and other materials (the "Content"), are provided by HUMMINGBIRDTOOLS for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the terms and conditions set out below ("Terms and Conditions"). If you do not agree to these terms and conditions, do not access the Site or download any Content.

Forward Statements.
Certain statements made on the Site which describe HUMMINGBIRDTOOLS's intentions, expectations or predictions, are forward looking and are subject to important risks and uncertainties. The results or events predicted in these statements may differ materially from actual results or events. There are a number of factors that could cause results or events to differ from current expectations. HUMMINGBIRDTOOLS disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

General Disclaimers.
HUMMINGBIRDTOOLS intends for the Content on the Site to be accurate and reliable, however, since the Content has been compiled by HUMMINGBIRDTOOLS from a variety of sources, it is provided to you "as is" and "as available". HUMMINGBIRDTOOLS ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Links available on the Site will allow you to link to Websites not maintained or controlled by HUMMINGBIRDTOOLS, including sites of HUMMINGBIRDTOOLS's related companies. HUMMINGBIRDTOOLS provides these links for your convenience, and is not responsible for the contents of any linked site. HUMMINGBIRDTOOLS uses reasonable efforts to ensure the accuracy of its Content on the Site, but cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links, and makes no representation or endorsement whatsoever about any other Website which you may access through the Site. It is your responsibility to ensure that any Website you choose to use is free of potentially destructive items such as viruses. IN NO EVENT WILL HUMMINGBIRDTOOLS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Use of the Site.
You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on this Site: (i) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (ii) which is protected by copyright, or other intellectual property right, or derivative works thereof, without obtaining permission of the copyright holder; or (iii) otherwise use this Site in a manner which is contrary to law or which would adversely impact use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.

Copyright.
All Content published on or otherwise accessible through this Site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by HUMMINGBIRDTOOLS or its content suppliers. You may only use or reproduce the information in the Content for your own personal, non-commercial or educational use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through the Site, and maintain such notices in the Content.

Indemnity.
You agree to defend, indemnify and hold HUMMINGBIRDTOOLS and its related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms and Conditions by you or users of your account, or in connection with the use of this Site or the placement or transmission of any information or other materials on this Site by you or users of your account.

Changes.
HUMMINGBIRDTOOLS reserves the right to change or remove any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice.

Miscellaneous.
These Terms and Conditions and any other documents referenced herein, constitute the entire agreement between HUMMINGBIRDTOOLS and you with respect to your use of this Site. HUMMINGBIRDTOOLS'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. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.