Date of Last Update of these Terms of Use: July 1, 2005

Please read these Terms of Use carefully. It governs your use of the CanLogix Inc. (“CanLogix”) web site located at www.canlogix.ca (the “Web Site”). It exempts CanLogix and other persons from liability or limits their liability and contains other important provisions that you should read. You acknowledge and signify that these Terms of Use will bind you every time you use the Web Site. If you do not agree with each provision of these Terms of Use, you may not use the Web Site.

1. YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use governs your use of the CanLogix Web Site. Each time you access or otherwise use this Web Site you signify your acceptance and agreement to be bound by these Terms of Use for using this Web Site. If you do not agree with each provision of these Terms of Use, or you are not authorized to agree to and accept these Terms of Use, or you do not have the legal authority to agree to and accept these Terms of Use, you may not use the Web Site.

2. MISPRINTS AND ERRORS, PRICES

CanLogix endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, CanLogix reserves the right to change the prices, fees and charges regarding the services available through the Web Site at any time and from time to time without any notice or liability to you or any other person. Also, CanLogix cannot guarantee that the services advertised on the Web Site will be available when purchased or at any relevant time.

3. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

CanLogix strives to make your use of the Web Site a useful experience, and an easy way to learn about the services of CanLogix. However, the following Disclaimer will apply:

DISCLAIMER

CANLOGIX AND ITS SERVICE PROVIDERS (THE “PROVIDERS”) DO NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEB SITE. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

YOU (AND NOT CANLOGIX OR ITS PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE.

THROUGH OR BECAUSE OF YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. CANLOGIX IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CANLOGIX AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:

• THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;

• THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;

• THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;

• PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;

• THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR

• THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;

AND CANLOGIX AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSION

CANLOGIX AND ITS PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY CANLOGIX OR ANY OF ITS PROVIDERS OR ANY PERSON FOR WHOM CANLOGIX OR ANY OF ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT CANLOGIX OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

LIMITATION OF LIABILITY

IN NO EVENT WILL CANLOGIX OR ANY OF ITS PROVIDERS’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY CANLOGIX OR ANY PERSON FOR WHOM CANLOGIX IS RESPONSIBLE, EXCEED THE SUM OF TEN ($10.00) DOLLARS.

The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

4. PERSONAL INFORMATION PRIVACY

CanLogix does not collect, use, or disclose personal information on the Web Site.

5. TRADE-MARK INFORMATION

CanLogix™ and the CanLogix logo are registered and unregistered trademarks and trade names owned by CanLogix Inc. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners.

Any use of the trade-names, trade-marks, service-marks and logos (collectively “Marks”) displayed on the Web Site, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.

6. OTHER SITES

The Web Site may include links to other Web Sites or resources and businesses operated by other persons (“Other Sites”). Other Sites are independent from CanLogix, and CanLogix has no responsibility or liability for or control over Other Sites, their businesses, goods, services, or content. Links to Other Sites are provided solely for your convenience. CanLogix does not sponsor or endorse any Other Sites or their content or the services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against CanLogix arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and CanLogix, the provisions of these Terms of Use under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

7. LINKING AND FRAMING THE WEB SITE

Links to the Web Site without the express written permission of CanLogix are strictly prohibited. To request permission to link to the Web Site, please contact [email protected]. CanLogix reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.

8. POSTINGS

You may not modify the Web Site or post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site.

9. GOVERNING LAW AND DISPUTE RESOLUTION

This agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws, which would lead to the application of any other laws.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, these Terms of Use, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

10. OTHER MATTERS

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE.