Site Terms of Use

Last updated: August 26, 2016

The following are terms of a legal agreement between you and Lenovo (Canada) Inc. (“Lenovo”, “we,” “us,” or “our”). By accessing, browsing and/or using this web site, http://www.lenovo.com/ca/en/, its related web pages (including all accessible sub-pages and subdomains), interactive features and applications, and their respective contents, or any other website linking to these terms, whether accessed via computer, mobile device or other technology (collectively, the “Web Site”), you acknowledge that you have read, understood, and agree, to be bound by these “Site Terms of Use” and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to all of these terms, we are unwilling to grant you access to the Web Site, and you must immediately cease use of the Web Site.

PLEASE READ CAREFULLY THESE TERMS (AND THEIR INCLUDED LINKED INFORMATION, SUCH AS OUR PRIVACY POLICY WHICH IS HEREBY INCORPORATED BY REFERENCE). BY ACCESSING, BROWSING OR USING THE WEB SITE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS AND THE PRIVACY POLICY, (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU, TO THE USE OF THE WEB SITE, AND/OR THE INTERNET. IF YOU ARE USING THE WEB SITE ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT ENTITY TO THESE SITE TERMS OF USE.

In addition, certain portions of the Web Site may be subject to additional terms of use that we make available for your review or otherwise link to that portion of the Web Site to which such additional terms apply. By using such portions, or any part thereof, you agree to be bound by the additional terms of use applicable to such portions. In the event that any of the additional terms of use governing such portion conflict with these terms, the additional terms will control. Sales of Lenovo products and services made on the Web Site are also subject to a separate sales agreement, which will be presented to you for your explicit acceptance upon your purchase of such Lenovo product or service.

Age Restrictions

The Web Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are at least 18 years of age or the age of majority in their province or territory of residence (if higher than 18), and who are not barred from using the Web Site under applicable laws.

Ownership and Intellectual Property

You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Web Site (“Our Technology”) are: (a) copyrighted by us and/or our licensors under Canadian, United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Site Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Web Site according to these Site Terms of Use. Furthermore, nothing in these Site Terms of Use will be deemed to grant you, by implication, estoppel or otherwise, a license to Our Technology.

Certain of the names, logos, and other materials displayed via the Web Site constitute trademarks, tradenames, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Web Site will be governed by such third parties’ licenses and not by these Site Terms of Use.

The content, arrangement and layout of the Web Site, including, but not limited to, photos, videos, audio, images, and text (in the form of plain text, HTML, or PDFs) are proprietary to Lenovo, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, or otherwise used without the express permission of Lenovo, or as permitted by the functionality of the Web Site. Any unauthorized use of the content, arrangement or layout of the Website, images, logos, videos, audio or text found in the Web Site or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Lenovo may take action against you accordingly.

This Web Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web Site may contain technical inaccuracies or typographical errors.

Lenovo assumes no responsibility regarding the accuracy of the information that is provided by Lenovo and use of such information is at your own risk. Lenovo provides no assurances that any reported problems may be resolved with the use of any information that Lenovo provides. By furnishing information, Lenovo does not grant any licenses to any copyrights, patents or any other intellectual property rights in the information.

Right to Modify or Discontinue the Web Site

We reserve the right to modify or discontinue the Web Site, in whole or in part, with or without notice to you. Information may be changed or updated without notice. Lenovo may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Web Site. If you object to any such changes, your sole recourse will be to cease access to the Web Site. Continued access to the Web Site following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Web Site as so modified.

User Submissions

Except as provided herein, Lenovo does not accept and will not consider unsolicited submissions of ideas, creative materials, processes, comments, feedback or technology (each an “Unsolicited Submission”). Please note that any Unsolicited Submissions sent to Lenovo will be deemed NOT to be confidential. By sending Lenovo any Unsolicited Submissions, you grant Lenovo an unrestricted, irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, fully sublicenseable, fully transferable, worldwide license to use, reproduce, display, perform, modify, transmit and distribute those Unsolicited Submissions for any purpose whatsoever, including any ideas, concepts, know-how or techniques which may be included or disclosed therein. You hereby acknowledge that you grant Lenovo such rights in consideration of the right to access and utilize this Web Site and that Lenovo has no obligation to further compensate you or acknowledge your submission. For further information, please consultLenovo’s External Submission Policy, which is incorporated by reference into and made part of these Site Terms of Use.

Lenovo will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Web Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

You represent and warrant that you will not post or share any content through the Web Site that in any manner:

• Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
• Violates the privacy, publicity, or other rights of third parties;

· Is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by use in our sole discretion; is false or inaccurate; or

• Otherwise violates any applicable law.

We may, but are not obligated to, delete or suspend user accounts and/or remove content if we determine or suspect that those accounts or content violate the terms of these Site Terms of Use. When you post or share any content to the Web Site regarding a third party, you represent and warrant to us that you have the third party’s consent to do so.

Feedback

There may be instances where we solicit your suggestions, ideas, innovations, feedback or opinion regarding various areas of our business, the Web Site, or our products or services (“Feedback”). If you choose to send us your Feedback (as we hope you do), please understand that in order for Lenovo to accept your input, you must agree that Lenovo has your permission on an unrestricted basis to use, disclose, and exploit any such Feedback you provide and that Lenovo has no obligation to compensate or acknowledge you in any way or to keep your Feedback confidential. By sending any Feedback to Lenovo you are indicating your agreement to these terms. If you do not agree with these terms, please do not submit any Feedback.

Privacy

Your personal information will be treated in accordance with our Privacy Policy. IF YOU ACCESS THE WEB SITE, YOU AGREE THAT YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO HAVE YOUR INFORMATION USED IN ANY OF THE WAYS DESCRIBED IN THE PRIVACY POLICY, YOU MUST DISCONTINUE ACCESS TO THE WEB SITE IMMEDIATELY.

Accounts

If you choose to create an account (“Account”), you represent and warrant to us that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current, or incomplete, we may deny or terminate your access to the Web Site (or any portion thereof). When you set up an Account, you are required to select a Lenovo ID (which may be an email address) and a password. You may not transfer or share your user name and password with any third parties. You are solely responsible for maintaining the confidentiality of your Account log-in information, including but not limited to taking steps to prevent unauthorized access by safeguarding your log-in information. You are solely responsible for any and all use of your Account and all activities that occur through your Account, whether by you or any third party that has access to your Account (with your permission or otherwise).

General Rules of Conduct

You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Web Site, or access to the Web Site for any purposes other than for your internal business purposes or for the purpose for which the Web Site was intended, or do any of the following:

• Conduct or promote any illegal activities while using the Web Site;
• Attempt to reverse engineer or jeopardize the correct functioning of the Web Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Web Site;
• Create derivative works of the Web Site;
• Attempt to gain access to secured portions of the Web Site to which you do not possess access rights, or circumvent the user authentication or security of the Web Site or any host, network, or account related thereto;
• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• Use the Web Site to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
• Use the Web Site to stalk, harass or harm another individual;
• Use any high volume automatic, electronic or manual process to access, search or harvest information from the Web Site (including without limitation robots, spiders or scripts);
• Interfere in any way with the proper functioning of the Web Site or interfere with or disrupt any servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• Frame the Web Site, place pop-up windows over its pages, or otherwise affect the display of its pages;
• Interfere with or disrupt the integrity or performance of the Web Site or the data contained therein; or
• Remove any proprietary notices or labels within the Web Site.

Global Availability

Information Lenovo publishes on the World Wide Web may contain references or cross references to Lenovo products, programs and services that are not announced or available in Canada. Such references do not imply that Lenovo intends to announce such products, programs or services in Canada. Consult your local Lenovo business contact for information regarding the products, programs and services which may be available to you.

Lenovo's obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Lenovo off this Web Site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Business Relationships and Links to Third-Party Websites and Content

Content from other users and third parties may be made available to you through the Web Site (“Third Party Content”). Because we do not control Third Party Content, you agree that we are not responsible for any such content. We make no guarantees about the accuracy, currency, suitability or quality of the information in such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Third Party Content made available by other users or third parties, or violation of any third party rights related to such content.

Links on the Lenovo Web Site to third-party web sites are provided solely as a convenience to you, and if you use these links, you will leave Lenovo’s Web Site. Lenovo makes no representations whatsoever about any other web site which you may access through this one, or any product or service (whether for free or for purchase) available at such web site. When you access a non-Lenovo web site, even one that may contain the Lenovo logo, please understand that it is independent from Lenovo, and that Lenovo has no control over the content on that web site. In addition, a link to a non-Lenovo web site does not mean that Lenovo endorses or accepts any responsibility for the content, or the use, of such web site or any product or service (whether for free or for purchase) available at such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Limitation of Liability and Disclaimer of Warranties

IN NO EVENT WILL LENOVO BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED BY LENOVO ON AN "AS IS" BASIS ONLY. LENOVO PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LENOVO MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. LENOVO MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE WEB SITE FROM US, OUR PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES OR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE.

WE MAKE NO, AND DISCLAIM ANY AND ALL, PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT UPLOADED BY YOU, OR AT YOUR REQUEST, TO THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND/OR DATA ACCURACY.

Indemnification

You agree to indemnify, defend and hold Lenovo, its affiliates and subsidiaries, and its and their respective officers, directors, agents and employees, harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), to the extent attributable to your use of the Web Site, including any Content on the Web Site, or your violation of these Site Terms of Use. This provision shall survive the termination of this Agreement and remain in full force and effect.

Duration of Access

You agree that we, in our sole discretion, may immediately and without notice terminate your access to the Web Site (or any portion thereof) at any time, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of these Site Terms of Use. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEB SITE (OR ANY PORTION THEREOF) OR DELETION OF YOUR ACCOUNT.

Electronic Communications

The communications between you and us use electronic means, whether through the Web Site or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form in conformity with applicable laws in Canada; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

Mobile Services

If permitted or available through any feature of the Web Site, and you access the Web Site using text messaging or a mobile device or application, you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.

General Terms

You are responsible for compliance with all applicable laws. These Site Terms of Use and the relationship between you and us will be governed by the laws of the Province of Ontario, Canada without giving effect to any choice of laws principles that would require the application of the laws of a different country or province. You agree that any legal action or proceeding between you and Lenovo regarding your use of the Web Site or these Site Terms of Use shall be brought exclusively in the courts located in the city of Toronto, Ontario, Canada. These Site Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Site Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Site Terms of Use, shown in boldface type, are included only to help make the agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Site Terms of Use will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Site Terms of Use and any other agreements incorporated by reference herein constitute the complete and exclusive agreement between you and us with respect to their subject matter, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Site Terms of Use, or portion thereof, to be unenforceable, that provision of the Site Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Site Terms of Use will continue in full force and effect. Lenovo shall not be liable for any failure to perform its obligations under these Site Terms of Use where such failure results from any cause beyond Lenovo’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.

Changes to Our Site Terms of Use

Lenovo may at any time revise these Site Terms of Use by updating this posting at this specific URL. By using this Web Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. It is your sole responsibility to check the Web Site from time to time to view any such changes to the terms in the Site Terms of Use. If you do not agree to any changes, if and when such changes may be made to the Site Terms of Use, you must immediately stop using the Web Site.

For Residents of Quebec

You and us acknowledge having expressly required that these Site Terms of Use and any other agreements incorporated by reference herein are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et toute autre entente intégrée par renvoi aux présentes soient rédigées en anglais Any other language versions of the Site Terms of Use and any other agreements incorporated by reference herein are provided for information purposes and convenience only and may not be 100% accurate. In case of discrepancy between the English and any other language version of Site Terms of Use and any other agreements incorporated by reference herein, you agree that the English language version shall be the controlling version.

© Lenovo 2016