Rare Indigo Website Use Agreement - Issued: April 1st, 2003

This Agreement governs your use of the Rare Indigo Website owned and operated by Rare Indigo Venture Inc. (Rare Indigo). It exempts Rare Indigo and other persons from liability or limits their liability, and contains other important provisions that you should read.

Each time you use the Website, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement as it then reads. If you do not accept and agree to this Agreement, you may not use the Website.

1.Your Acceptance of this Agreement

This is an Agreement between you and Rare Indigo Venture Inc. (Rare Indigo) regarding your use of the Rare Indigo website and all content, information, products and services available on or through the website (collectively the Website).
This Agreement also provides benefits to Rare Indigos affiliates, service providers and suppliers (collectively the Affiliates and Providers) and other persons (and for the purpose of this Agreement, person includes natural persons and any type of incorporated or unincorporated entity). Each time you use the Website you signify your acceptance and agreement, without limitation or qualification, to be bound by this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Website.

2.Other Rare Indigo Agreements

This Agreement is in addition to and supplements any written agreements that you have with Rare Indigo (now or in the future) concerning your dealings with Rare Indigo, including the information, products and services provided by Rare Indigo. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you have with Rare Indigo, the provisions of this Agreement will govern regarding your access to and use of the Website.

3.Changes to this Agreement

Rare Indigo may, in its absolute discretion, change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any notice or liability to you or any other person, by posting a modified Agreement on the Website. You may not change, supplement, or amend this Agreement in any manner. When you use the Website you should check the date of this Agreement and review any changes since the last version. You should also bookmark this page and periodically review this Agreement to ensure that you are familiar with the most current version. If you do not agree to a change, you may no longer use the Website.

4.Permission to Use the Website

The Website may be used only by persons who have reached the age of majority in their jurisdictions of residence and can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. Rare Indigo may in its absolute discretion refuse permission to access and use the Website.

The Website is made available to you for your lawful, personal use only. You may print or download Website pages for your personal use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Rare Indigo. You may not use any of the software that is used in the operation of the Website except while you are using the Website.

You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Website; (b) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Website.

5.Confidentiality and Security

Rare Indigo uses firewalls to maintain the security of the information it receives through the Website. Nevertheless, security and privacy risks cannot be eliminated. Email is not secure or confidential unless properly encrypted. If you use email, you do so at your own risk, and Rare Indigo and the Affiliates and Providers will not be responsible or liable to you or any other person for any loss or damage suffered as a result of your use of email to communicate with Rare Indigo, or the use of email by Rare Indigo to communicate with you or other persons at your express or implied request.

6.Disclaimers and Liability Exclusion

Rare Indigo does not accept any liability for your use of the Website (which includes all content, information, products and services available on or through the Website). Your use of the Website is at your own risk. The Website is provided on an as is and as available basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, lack of negligence, merchantability, non-infringement, performance, quality, results, security, service, timeliness, title, uninterrupted service, viruses or workmanlike effort, all of which are hereby waived by you and disclaimed by Rare Indigo to the fullest extent permitted by law. The operation of the Website may be affected by numerous factors beyond the control of Rare Indigo and may not be continuous or uninterrupted or secure.

Rare Indigo will not under any circumstances be liable to you or any other person for any loss or damage arising from, connected with, or relating to this Agreement or the use of the Website (which includes all content, information, products and services available on or through the Website) by you or any other person.

You acknowledge and agree that this Agreement represents a fair allocation of risk and liability.

In this section , Rare Indigo includes Rare Indigo and the Affiliates and Providers and each of their respective past, present and future directors, officers, employees, agents, representatives, subcontractors, successors, assigns, and related persons.

The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.

7. No Transactions or Advice

The Website is for convenience and informational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; any kind of advice or recommendations; or an offer or recommendation to sell or buy any product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.

8. Personal Information

Rare Indigo collects, uses and discloses your personal information in accordance with the Rare Indigo Website Privacy Policy, which is available by clicking here and which may be changed from time to time by Rare Indigo in its absolute discretion without any notice or liability to you or any other person by posting an amended Privacy Policy on the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by Rare Indigo in accordance with the Privacy Policy as it then reads.

9. Ownership of the Website

Copyright Rare Indigo Venture Inc. 2003. All Rights Reserved. The Website and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Website are the property of Rare Indigo and others, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

10. Trademark Information

Rare indigo and the rare indigo logo are trademarks, service marks and trade names owned or licensed by Rare Indigo. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names or logos displayed on the Website (collectively Marks), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.

11. Other Sites

For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively Other Sites). Other Sites are independent from Rare Indigo, and Rare Indigo has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Rare Indigo arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Rare Indigo, the provisions of this Agreement under the section headed Disclaimers and Liability Exclusion (section ) apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services and content.

12. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings

Links to the Website without the express written permission of Rare Indigo are strictly prohibited. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.

13. Unsolicited Submissions

If you send any unsolicited ideas, suggestions or other materials, including ideas for new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names, (collectively Submissions) to Rare Indigo or the Website you automatically grant (or warrant that the owner of the Submissions grants) to Rare Indigo and its successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Rare Indigo or its successors and assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Rare Indigo and its successors and assigns.

14. Termination

If you breach any provision of this Agreement, you may no longer use the Website. Rare Indigo may, at any time and for any reason and in its absolute discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it, or your permission to use the Website, or this Agreement, all without any notice or liability to you or any other person.

If this Agreement or your permission to access or use all or any part of the Website is terminated by you or by Rare Indigo, then this Agreement and all other then existing agreements between you and Rare Indigo will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom. All sections (in whole or individually) of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties.

15. Governing Law and Dispute Resolution

The Website is controlled by Rare Indigo from Vancouver, British Columbia, Canada. This Agreement and all related matters are governed solely by the laws of British Columbia, 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 dispute between you and Rare Indigo or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (Disputes) must be resolved before the Courts of the Province of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.

16. Other Matters

This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and Rare Indigo relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and Rare Indigo with respect to your use of the Website.

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

This Agreement enures to the benefit of and is binding upon each of Rare Indigo and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement without Rare Indigos prior written consent, which consent may be withheld in Rare Indigos absolute discretion. Rare Indigo may assign this Agreement and its rights and obligations under this Agreement without your consent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.

Any rights not expressly granted by this Agreement are reserved to Rare Indigo.

This Agreement is subject to change by Rare Indigo without notice.