FOSTER LABS Websites

Terms and Conditions of Use

This page states the "Terms and Conditions of Use" under which you may use the FOSTER LABS Website at http://www.fosterlabs.com (the "Websites") operated under license by FOSTER LABS.

These Terms and Conditions of Use govern your use of the Websites. By using the Websites, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions of Use.

Please read these Terms and Conditions of Use carefully, as they are legally binding. If you do not accept and agree to these Terms and Conditions of Use, you may not use the Websites.

The terms "You" and "User" as used herein refer to all individuals and/or entities accessing the Websites for any reason.

Changes and Modifications to these Terms and Conditions of Use

These Terms and Conditions of Use are subject to change without notice.

FOSTER LABS may, in its discretion, change, supplement, modify, revise or amend these Terms and Conditions of Use as they relate to your future use of the Websites from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions of Use on the Websites. You may not change, supplement, modify, or amend these Terms and Conditions in any manner. Each and every time you use the Websites, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions of Use as they then read.

Acceptance of Terms and Conditions of Use

FOSTER LABS makes the Websites, including all text, graphics, diagrams, files, images, logos, icons, documents, communications, software, and products available through the Websites (collectively, the "Materials") and all services operated by FOSTER LABS. and third parties through the Websites (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that FOSTER LABS may publish from time to time (collectively, the "Terms and Conditions of Use").

By accessing, viewing or using the Websites in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Websites, you agree to and are bound by these Terms and Conditions of Use.

FOSTER LABS reserves the right to change these Terms and Conditions of Use and other guidelines or rules posted on the Websites from time to time at its sole discretion, and will provide notice of material changes on the home page of the Websites. Your continued use of the Websites, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Websites will be subject to the most current version of these Terms and Conditions of Use, rules, and guidelines posted on the Websites at the time of such use. You should check the "Terms and Conditions of Use of this Website" link on the Website's home page periodically to view the then-current terms.

Permission to use the Websites

The Websites may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts in the jurisdiction they access and use the Websites. Users of the Websites must comply with all applicable laws and in the jurisdiction they access and use the Websites. The Websites may not be used by persons in jurisdictions where access to or use of the Websites or any part of them may be illegal, prohibited or restricted.

Breach of Terms and Conditions of Use

If you breach any provision of these Terms and Conditions of Use, you may no longer use the Websites.

If you breach any of these Terms and Conditions of Use, your authorization to use the Websites automatically terminates, and any Materials downloaded or printed from the Websites in violation of these Terms and Conditions of Use must be immediately destroyed.

Discretion of FOSTER LABS.

At any time, FOSTER LABS may in its discretion refuse you permission to access and use the Websites.

Lawful and Non-Commercial Use of Website

The Websites is made available to you for your lawful, personal, non-commercial, reseach use only. You may access and browse the Websites using only commercially available, Secured Socket Layer (SSL) capable Web browser software. You may print or download the pages of the Websites for your lawful, personal, non-commercial, research use provided that you do not modify any of the pages or other content and you do not remove or modify any visible or non-visible identification, marks, headers, tags, notices, or disclaimers.

The Websites and its content may not be copied, imitated, replicated, duplicated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, weblogged, or distributed in any way, in whole or in part, without the express prior written consent of FOSTER LABS. You may not reproduce, replicate, duplicate, copy, sell, trade, barter, lease or resell any part of the Websites or access to the Websites.

General

The Terms and Conditions of Use and other rules, guidelines, licenses, and disclaimers posted on the Websites constitute the entire agreement between FOSTER LABS and you with respect to your use of the Site.

If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.

Any failure by FOSTER LABS to enforce or exercise any provision of these Terms and Conditions of Use or related right shall not constitute a waiver of that right or provision. The section titles used in these Terms and Conditions of Use are purely for convenience and carry with them no legal or contractual effect.

Intellectual Property, Copyrights and Trademarks

The contents of the Websites, including but not limited to: text, graphics, diagrams, files, images, logos, icons, documents, communications, software, trademarks, logos, and service marks as well as the "look and feel" of the Websites (collectively the "Intellectual Materials"), are protected under copyright, trademark and other laws. Intellectual Materials is the property of FOSTER LABS or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Websites is the exclusive property of FOSTER LABS and protected by copyright laws.

Unauthorized use of the Intellectual Materials may violate copyright, trademark, and other applicable laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Intellectual Materials on any copy you make of the Intellectual Materials. Unless otherwise permission is expressly provided, in writing, you may not sell or modify the Intellectual Material or reproduce, display, publicly perform, distribute, or otherwise use the Intellectual Materials in any way for any purpose. You shall not copy or adapt the HTML or JAVA code that FOSTER LABS creates to generate the pages of its Websites. The HTML and JAVA code is also protected by FOSTER LABS' copyright.

Indemnity and Liability

You agree to defend, indemnify, and hold harmless FOSTER LABS, its officers, directors, employees, contractors, consultants, co-branders, agents, or other partners from and against any claims, actions, losses, damages or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Websites and/or Materials or your breach of the terms of these Terms and Conditions of Use. FOSTER LABS shall provide notice to you promptly of any such claim, suit, or proceeding.

The aggregate liability for FOSTER LABS to you for all claims arising from the use of the Websites and/or Materials is limited to $1 Canadian (one Canadian dollar).

No Warrantees and/or Guarantees

FOSTER LABS DOES NOT WARRANT OR GUARANTEE THAT The Websites WILL OPERATE ERROR-FREE OR THAT The Websites AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.

The Websites AND Materials ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND.

FOSTER LABS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FOSTER LABS MAKES NO WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE Materials, Services, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL FOSTER LABS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON The Websites BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE The Websites AND THE Materials, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOSTER LABS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Websites

The Websites CONTAINS LINKS TO THIRD PARTY WEB SITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO You AND DO NOT CONSTITUTE AN ENDORSEMENT BY FOSTER LABS OF THE CONTENTS ON SUCH THIRD PARTY WEBSITES.

FOSTER LABS IS NOT AFFILIATED WITH SUCH THIRD PARTIES, IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY SITES, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE CONTENT, LEGALITY, FUNCTIONALITY OR ACCURACY OF MATERIALS ON SUCH THIRD PARTY WEBSITES. IF You DECIDE TO ACCESS AND/OR USE LINKED THIRD PARTY WEBSITES, You DO SO AT YouR OWN RISK.

Legal Jurisdiction

These Terms and Conditions are solely by the laws of British Columbia, Canada, and all applicable Canadian federal laws and regulations, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Jurisdiction for any claims arising under this agreement shall lie exclusively with the provincial or federal courts within the Province of British Columbia. By using the Websites you irrevocably submit and agree to be subject to the original and exclusive jurisdiction of those courts in respect of all legal disputes

The United Nations Convention On Contracts For The International Sale Of Goods does not apply.

For all disputes between FOSTER LABS and you or any other person arising from, connected with or relating to the Websites, these Terms and Conditions of Use, transactions facilitated or conducted through the Websites, Items ordered or purchased, or otherwise obtained through the Websites, dealings between You and FOSTER LABS, or any related matters or any legal relationship associated therewith or derived herefrom ("Legal Disputes"), the relevant parties will attempt to find a reasonable solution least onerous and least costly to all parties. If a Legal Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of British Columbia sitting in the City of Victoria, British Columbia, Canada, and you hereby irrevocably submit and agree to be party to the original and exclusive jurisdiction of those courts in respect of all Legal Disputes.

All proceedings regarding Legal Disputes must be commenced in a court of competent jurisdiction in the City of Victoria, British Columbia, Canada within six (6) months after the Legal Dispute arose, after which time any and all proceedings regarding the Legal Dispute are barred. Any shorter time limit provided by statute law remains unaffected.

If any provision of these Terms and Conditions 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 and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.

No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions of Use will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions of Use by that party. No consent or waiver will be effective unless in writing and signed by both parties, and witnessed by a practicing notary public, solicitor, or lawyer.

If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.

No waiver of any term of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in the Websites, these Terms and Conditions of Use constitute the entire agreement between you and FOSTER LABS with respect to the use of Websites.

No changes to these Terms and Conditions of Use shall be made except by a revised posting on this page by FOSTER LABS.

Managing Content and Communications

Although it is not FOSTER LABS’s intention to do so, FOSTER LABS reserves the right, in its sole discretion, to delete or remove User Contributions from the Websites, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated these Terms and Conditions of Use) without prior notice or liability. FOSTER LABS also reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or part of the Websites, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated these Terms and Conditions of Use) without prior notice or liability. In addition, FOSTER LABS reserves the right to delete or remove Contributor Content if the relevant subscription has expired or lapsed or if FOSTER LABS has a good faith belief that the user posting such Contributor Content has violated these Terms and Conditions of Use, or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of FOSTER LABS or others.

Communications sent to FOSTER LABS by means of the Websites or email are not considered delivered or effective unless and until they are actually received and processed by FOSTER LABS’ responsible representative. At the discretion of FOSTER LABS, all and any communications sent to FOSTER LABS may become the property of FOSTER LABS and treated as unsolicited submissions.

FOSTER LABS may, but is not obligated to, monitor or review (i) any areas on the Websites where users transmit or post User Contributions, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Contributions.

To the maximum extent permitted by law, FOSTER LABS will have no liability related to User Contributions or Contributor Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. FOSTER LABS also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Contributions or Contributor Content.

International Users

The Websites can be accessed from countries throughout the world and may contain references to FOSTER LABS products, services, and programs that are not available in your country. These references do not imply that FOSTER LABS intends to announce such products, services, or programs in your country.

The Websites are controlled, operated, and administered under license by FOSTER LABS from its office within Canada. FOSTER LABS makes no representation that the Websites, or the Services or Materials available through it, are appropriate or available for use at other locations outside Canada, and access to the Site from jurisdictions where the Websites or any of its Services or Materials are illegal is prohibited. If you access the Websites from a location outside Canada, you are responsible for compliance with all local laws and regulations.

Language

It is the express wish of the parties that these Terms and Conditions of Use and all related documents have been drawn up in English.

User Conduct and Behaviour

In using the Websites, including all Services and Materials available to you through it, you agree:

not to disrupt, upset or interfere with any other user's use and enjoyment of the Websites or affiliated or linked sites;

not to upload, post, or otherwise transmit through the Websites any viruses, worms, Trojan Horses, or other harmful, disruptive, or destructive files; not to create a false or fictitious identity; not to use or attempt to use another's account, password, service, or system without written authorization from FOSTER LABS; not to access or attempt to access any components of the Websites which you do not have written authorization from FOSTER LABS to access; not to disrupt, upset or interfere with the security of, or otherwise cause harm or damage to, the Websites, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or any affiliated or linked websites.

Entire Agreement

You agree that these Terms and Conditions of Use constitute the sole and entire agreement between you and FOSTER LABS as to the matters contained in these Terms and Conditions of Use and supersede any previous agreements, understandings, and arrangements between you and FOSTER LABS.

No Advice or Recommendations

The Websites are not intended to be a complete, comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to buy, sell or exchange any ideas, concepts, items, products or services. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Websites.

Information Content

The information on the Websites are presented by FOSTER LABS for general information purposes only. Any health-oriented information presented does not take the place of careful discussions with your physician or other health care practitioners. The information presented here is not meant to take the place of your physician's advice. For medical advice regarding any health-related issue, you should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Websites.

Extraction of Information and Data

Links to the Websites without the express written permission of FOSTER LABS are strictly prohibited. To request permission to link to the Websites, please contact info@fosterlabs.com. The framing, mirroring, scraping or data mining of the Websites or extraction any of their content in any form and by any method are strictly prohibited.

Postings and Weblogging

You may not use any collaborative browsing or display technologies in connection with your use of the Websites or to post or weblog text, graphics, comments, communications, or any other data of any kind to or on the Websites with the intention that other users of the Websites may view such postings.

Personal Information Privacy

FOSTER LABS collects, uses, and discloses your personal information in accordance with its Privacy Information and Privacy Policy, which may be viewed at Subsection (a). FOSTER LABS may change its Privacy Information and Privacy Policy from time to time in its sole discretion. Each time you use the Websites, you consent to FOSTER LABS’ collection, use and disclosure of your personal information in accordance with its Privacy Information and Privacy Policy as it then reads without any further notice or any liability to you or any other person.

Subsection (a)

Personal Information and Privacy Policy

Any non-personal information or material sent to FOSTER LABS will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of FOSTER LABS or others.

Cookies

Please be aware that your browser must be enabled to accept cookies in order for you to access certain components of the FOSTER LABS Website.

Unsolicited Submissions, Suggestions or Other Materials

If you send by any means, any unsolicited submissions, suggestions or other materials, including ideas for new or improved promotional campaigns, new or improved advertising, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new or improved service and/or product names ("Unsolicited Submissions") to FOSTER LABS or the Websites, you automatically grant (or warrant that the owner of the Unsolicited Submissions grants) to FOSTER LABS and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, 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 Unsolicited

Submissions or any ideas, concepts, theories, hypothesizes, procedures or techniques associated with the Unsolicited 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 FOSTER LABS or its assigns, and you agree, represent and warrant that all moral rights in the Unsolicited Submissions are waived in favour of FOSTER LABS and its agents and representatives.

Software Downloading and Use Agreements

From time to time, FOSTER LABS may cause software to be available for you to download from the Websites or through other Websites. Unless otherwise expressly indicated in writing, the software is protected by copyright. These Terms and Conditions of Use and the software licence agreement specific to the software govern your downloading and use of the software.

Any right not expressly granted

Any rights not expressly granted in these Terms and Conditions are reserved to FOSTER LABS.

Date: May 28, 2010

Copyright

Copyright by FOSTER LABS, 2010