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Purchase terms and conditions & intellectual property

(Last Updated on April 30, 2009)

THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS AND SERVICES FROM FIRST REFERENCE INC., A CANADIAN PUBLISHING COMPANY AND ITS AFFILIATED COMPANIES ("First Reference"), USING THIS WEBSITE. READ IT CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT PLACE YOUR ORDER.

Table of Contents

  1. Definitions
  2. Products and Services
  3. Print Products
  4. Online Products
  5. Software and Electronic Products
  6. Prices
  7. Order acceptance by First Reference/Cancellation of order due to erors
  8. Shipping and Handling
  9. Subscription Period
  10. Payment Terms
  11. Payment Method
  12. Cancellations and Returns
  13. Overdue Accounts
  14. Privacy and Security
  15. Special Offers
  16. Customer and Technical Support
  17. Territory
  18. Governing Law
  19. Headings
  20. Intellectual Property
  21. Miscellaneous Legal Information

1 Definitions

"Product" shall mean any print, software, electronic, and online product and/or service including but not limited to related documentation, sold or licensed by First Reference.

"Order" shall mean any trial or purchased order for Product(s) placed by email, phone, and fax, or through the www.firstreference.com website for delivery to an address or download from the website.

"Customer(s)" shall mean any person or persons placing an Order.

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2 Products and Services

The products and services of First Reference Inc. are designed to provide current, authoritative information. The company is not, however, engaged in rendering any form of legal or professional advice, which should be sought from a competent professional in the relevant field.

First Reference continually updates, upgrades and revises its Products and Services. First Reference may revise and/or discontinue Products and Services at any time. First Reference will display current products and services on its website and will post an End of Life Policy regarding a specific product that has been discontinued or upgraded to a newer version.

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3 Print Products

The use of any First Reference print product is subject to the Terms and Conditions of Use applicable to that product. These terms of use are posted and can be consulted on the First Reference website. Customer agrees that it will be bound by such agreement upon opening the packaging in which the Product is shipped. These terms and conditions shall be deemed to constitute a "writing", whether or not you choose to print them out in hard copy. For purposes of evidence in any legal proceeding, a hard copy printout of these Terms and Conditions shall constitute an authentic original of the agreement between us.

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4 Online Products

The use of any First Reference online product is subject to the Terms and Conditions of Use applicable to that product. Customer agrees that it will be bound by such agreement after receiving access and use of the Product. These terms and conditions shall be deemed to constitute a "writing", whether or not you choose to print them out in hard copy. For purposes of evidence in any legal proceeding, a hard copy printout of these Terms and Conditions shall constitute an authentic original of the agreement between us.

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5 Software and Electronic Products

The use of any First Reference software or electronic product is subject to the terms of the End-User License Agreement (EULA) applicable to that product. Customer agrees that it will be bound by such agreement upon registering, downloading and installing the Product after completing the order. These terms and conditions shall be deemed to constitute a "writing", whether or not you choose to print them out in hard copy. For purposes of evidence in any legal proceeding, a hard copy printout of these Terms and Conditions shall constitute an authentic original of the agreement between us.

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6 Prices

Prices for products, services and licences are posted on the First Reference website. First Reference reserves the right to change advertised prices and any associated charges without advance notice.

Prices do not include any applicable federal or provincial sales, value-added or similar taxes. All such taxes shall be paid by Customer.

First Reference is unable to process tax exempt sales on this site. Any customer entitled to a tax exemption must contact 1-800-750-8175 or 905-761-7305 for personalized customer service.

While First Reference makes every effort to ensure the accuracy of its invoicing, it is understood that the failure to invoice a relevant tax does not remove the purchaser’s liability for same. All prices are quoted in Canadian dollars (CAD).

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7 Order acceptance by First Reference/Cancellation of order due to errors

All orders placed by Customers shall be subject to acceptance by First Reference. Placement of an order by a Customer does not constitute acceptance by First Reference. Acceptance of an order by First Reference occurs when First Reference issues a confirmation and/or invoice of an order by email, fax or other means to the Customer.

If a product is not available at the time of your order, customer service will contact you to let you know when it will be available, or if it is no longer published.

First Reference is not responsible for typographical or other errors, including pricing errors, and reserves the right to cancel any orders resulting from such errors.

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8 Shipping and Handling

Some products and services are subject to shipping and handling charges. Please check with customer service to determine if any such charges apply to the product or service you are ordering.

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9 Subscription Period

All products are sold on a subscription basis. Our products have a 12-month subscription period, after which time you will receive an automatic renewal invoice. Your invoice will be sent to you prior to the renewal date. If you do not wish to renew at that time, you must return the invoice by fax or mail requesting a cancellation.

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10 Payment Terms

Invoices for products are rendered on an annual basis with a payment due date corresponding to the first day of the subscription period.

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11 Payment Method

First Reference accepts payment by cheque, MasterCard, Visa and American Express credit cards, issued by a Canadian financial institution.

The cardholder must be the one who places the order. An order cannot be placed on behalf of anyone else. If a customer uses a company card, the customer’s name must also be listed as a cardholder on the account.

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12 Cancellations and Returns

Any product on a trial order may be returned (in original packaging, in good order, accompanied by the original invoice, and return cost prepaid by the Customer).

For purchased products, specific cancellation and return policies apply based on product type, found in the End-User Licence Agreement or Terms and Conditions of Use.

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13 Overdue Accounts

First Reference reserves the right to charge overdue accounts a 1.5% interest charge per month (18% per annum).

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14 Privacy and Security

Our Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of your personal information, and is subject to modification from time to time by us. You agree to review the Privacy Policy posted on the First Reference website at www.firstreference.com/privacy periodically to become aware of any such modifications. Continued access or use of First Reference shall be deemed to be conclusive acceptance by you of the modified Privacy Policy.

Personal Information will be protected by security safeguards that are appropriate to the sensitivity level of the information.

First Reference uses Secure Socket Layer security for all online transactions. An order confirmation will be sent to the email address, or fax number provided by the customer.

While First Reference cannot guarantee that unauthorized access will never occur, rest assured that First Reference takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.

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15 Special Offers

Limited time and special offers, promotions and discounts are subject to change without notice. Only one special offer is applicable per order and may not be combined with any others.

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16 Customer and Technical Support

First Reference customer and technical support people will attempt to handle over the telephone any problems involving First Reference Products and Services. Customer and technical support contact numbers will be included with your invoice, which will arrive within 3–5 days of receipt of your order or after your download of an order. These numbers are also available on www.firstreference.com under Contact.

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17 Territory

First Reference’s website originates in Canada.

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18 Governing Law

Orders and sales shall be governed by and construed in accordance with the laws of the province of Ontario, including the applicable federal laws of Canada, but excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. Customer consents to the jurisdiction of the courts of such province. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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19 Headings

The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

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20 Intellectual Property

You should assume that all materials on this Website are protected by copyright unless otherwise noted, and may not be used except as permitted in these terms and conditions or with the express written consent of First Reference.

This website and agreement may contain proprietary notices and copyright information, the terms of which must be observed and followed.

First Reference contains, or links to, copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound; and the entire contents of First Reference are copyrighted as a collective work under the copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, and own or licence a copyright in the content original to it or contained in it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, such material or content, in whole or in part.

Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of material or content will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Nothing contained on this site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos or other names, including, but not limited to, those identifying us and related companies or their respective products and services displayed on the site, without our express written consent or the express written consent of such third parties that may own such trademarks, logos and other names displayed on this site.

The products, services and brand names, images and photos mentioned on this site are protected by copyright. Republication or redistribution of First Reference Inc. content, including by framing or similar means, is prohibited without the prior written consent of First Reference Inc.

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21 Miscellaneous Legal Information

INFORMATION ON THE FIRST REFERENCE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. First Reference may also make improvements and/or changes in the products and/or the programs and/or the services described in this information at any time without prior notice. The materials that you read on this site are provided solely for marketing, promotional and commercial purposes.

Prices, features and specifications are subject to change without notice. Images displayed on this website are simulated. All non-metric weights and measurements are approximate.

First Reference checks the accuracy of product/service description and prices, but occasionally an error slips through or a change is made after printing or publishing. We reserve the right to make corrections.

You declare all information provided by you, or those designated to represent you including members of your organization, is factual and accurate.

The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont exigées que la présente convention ainsi que tous documents s'y rattachant soient rédigées dans la langue anglaise.

These terms and conditions shall be deemed to constitute a "writing", whether or not you choose to print them out in hard copy. For purposes of evidence in any legal proceeding, a hard copy printout of these Terms and Conditions shall constitute an authentic original of the agreement between us.

Use of this Website constitutes acceptance of these terms.

For more information, inquiries or to confirm availability of First Reference products, call First Reference customer service at 1-800-750-8175 or 905-761-7305. You can also send an email to info@firstreference.com.

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