Legal Notice - Labstat International Inc.

These Terms of Use were last updated: December 8, 2004

This web site (the "Web Site") is owned and operated by Labstat International Inc. ("Labstat"). By accessing and using the Web Site, you agree to accept and abide by these Terms of Use. If you do not agree to accept and abide by these Terms of Use, you should not access or use this Web Site.

1. Website is Provided as a Service Only

The material contained in this Web Site is for informational purposes only and is not intended as a solicitation or offering of securities in any jurisdiction. Material available in or through this Web Site is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to Labstat and should not be used for the purpose of making investment decisions concerning Labstat securities.

2. Changes to Terms and Conditions

Labstat has the right, in its sole discretion, to modify part or all of these Terms of Use at any time and for any reason. Any change will be effective when notice of updated Terms of Use is posted above. Please review these Terms of Use frequently for updates. Your continued access or use of the Web Site after any such changes are posted will constitute acceptance of these changes.

3. Proprietary Rights

All works, content and materials on this Web Site, including without limitation, all information, text, design, graphics, images, drawings, photographs, HTML code, multimedia clips, Java code and other software (the "Materials"), except as otherwise noted to the contrary, and all organization and presentation of the Materials which form a part of this Web Site are the exclusive property of Labstat or its licensors and are protected by intellectual property laws relating to copyrights, trade-marks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on this Web Site shall be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party, except as expressly granted in these Terms of Use.

The trade-marks, service marks, logos, icons, graphics, slogans and Internet domain names on the Web Site are the exclusive property of Labstat or its licensors. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property and may give rise to a right in Labstat to seek legal redress for such use, modification, copying or disclosure.

4. Permitted Uses

Labstat agrees to provide access to the Web Site to you solely in accordance with the Terms of Use. In consideration therefore, you shall:

not copy, reproduce, republish, upload, post, transmit, or distribute the Materials from the Web Site in any way whatsoever except that you have the right to download one copy of the Materials on any single computer, for your personal, non-commercial use only, provided that you keep intact all copyright, trade-mark and proprietary notices;
use the Materials solely for lawful purposes;
not create derivative works from, exploit or modify the Materials in any way;
not interfere with the security of, or otherwise abuse the Web Site or any system resources, services or networks connected to or accessible through this Web Site;
only use this Web Site if you are legally able to make binding contracts under applicable law; and
acknowledge that the unauthorized use of the Materials may cause irreparable harm to Labstat and that in the event of an unauthorized use, Labstat shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with Labstat.

5. Not Responsible for Links

Labstat may provide links to Internet web sites of third parties for your convenience only. Because Labstat has no control over such sites and resources therein, you acknowledge and agree that Labstat is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials or information on or available from any such sites or resources. You further acknowledge and agree that Labstat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

6. Viruses

Due to the open nature of the internet, Labstat cannot guarantee that viruses or other destructive programs may be inadvertently distributed from the Web Site. Labstat assumes no responsibility and shall not be liable to you or to any other party for any damages caused by any viruses, "Trojan horses", "worms", "time bombs", "cancelbots" or other computer programming routines that are intended to damage, detrimentally interfere with, or surreptitiously intercept any system, data or information ("Viruses") that may infect your computer equipment or other property on account of your access to, use of or browsing on the Web Site or your downloading of any the Materials from the Web Site.

You must not intentionally, and by using this Web Site you agree to use best efforts not to, post or send communications to Labstat that contain Viruses.

7. E-mail Communication

You may contact Labstat by e-mailing labstat@labstat.com or other Labstat e-mail addresses posted on the Web Site. Please note that the Internet is not a fully secure medium and that any e-mail messages sent to labstat@labstat.com or any other Labstat e-mail address posted on the Web Site may be lost, intercepted or altered. Labstat shall not be liable for any damages arising from e-mail messages sent to labstat@labstat.com or any other Labstat e-mail address posted on the Web Site. With respect to any information provided to Labstat in e-mail messages sent to labstat@labstat.com or any other Labstat email address posted on the Web Site, you acknowledge and agree that:

the information is not confidential;
Labstat has no obligation regarding such information;
Labstat may use, reproduce and disclose such information for any purpose; and
the information is truthful, legal and does not violate the legal rights of others.

8. Privacy Statement

Labstat respects the privacy of visitors to our Web Site. We do not involuntarily collect any personal information from individuals. We collect and maintain personal information about you only when it is submitted voluntarily, for example when you complete the form requesting employment opportunity information. By submitting such information, you consent to our collection, use, and disclosure of the information you provide for the purpose of communicating the Labstat information that has been requested.

Labstat does automatically collect statistics about internet service networks and their configuration that are used to access the Web Site. This data does not contain personal information about individual visitors to the site and is used to track visits to our Web Site and to improve its content, layout and effectiveness.

9. Disclaimer

Although Labstat updates this Web Site periodically with material believed to be reasonably accurate at the time of posting, Labstat cannot guarantee the completeness, currency, accuracy or reliability of any of the information contained in this Web Site. Consequently, you acknowledge and agree that any reliance upon any of the information on this Web Site, including without limitation the Materials, shall be at your own risk and expense. Labstat does not guarantee that access to this Web Site will be uninterrupted, accurate, or error-free or that the Web Site or its server will be free of viruses or other harmful components and Labstat assumes no responsibility and shall not be liable for any damages to your computer equipment or other property on account of your access to, use of or browsing on the Web Site or your downloading of any of the Materials from the Web Site.

THIS WEB SITE AND ALL CONTENTS AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUALITY AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

10. Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL Labstat, ITS AFFILIATES, AGENTS, LICENSORS, PARTNERS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOSS OF OPPORTUNITY, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR LOSS OF SAVINGS), EVEN IF Labstat, ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE. Labstat'S AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE SHALL NOT EXCEED $5.00 CANADIAN CURRENCY.

11. Indemnity

You agree at all times to indemnify, defend and hold harmless Labstat and its affiliates, agents, licensors, suppliers, and their respective directors officers, and employees against all actions, claims proceedings, costs, demands, damages and liabilities whatsoever sustained, incurred or paid by Labstat directly or indirectly in respect of:

any material, information or other content you provide on or through the Web Site; or
your, or any party that you are responsible for or who accesses or uses the Web Site as a result of your use or misuse of the Materials or the Web Site, including, without limitation, infringement claims.

12. General

The Terms of Use contain the entire agreement and understanding between Labstat and you with respect to the Web Site and supersede any and all written and oral agreements previously existing between Labstat and you with respect to such subject matter.
The Web Site is controlled, operated and administered by Labstat from within the Province of Ontario, Canada. The Web Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing the Web Site, you acknowledge and agree that all matters relating to access to, or use of the Web Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with local laws excluding conflicts of laws principles therein.
Labstat'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.
Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
The Terms of Use shall inure to the benefit of and be binding on Labstat and you, and Labstat and your permitted successors and assigns.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demand que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.
Labstat may, in its sole discretion, restrict, suspend or terminate your access to this Web Site or any of the Materials without notice to you.
All rights not expressly granted herein are reserved.