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PRIVACY POLICY

Flashpan Incorporated is committed to protecting your privacy. Throughout our privacy policy, we will describe our practices regarding personal and account information collected through our web site. When you visit our site, Flashpan Incorporated will collect and store non-personal information about your visit for internal statistical purposes only. This passive style of information gathering is used solely for the purpose of understanding our customers’ preferences and helping us identify how we can better serve and constantly provide more and better information to our visitors. This information is not linked to any personally identifiable information. Flashpan Incorporated will not sell or re-distribute your personal information without your permission.

What Information We Collect When You Browse Our Web Site

We collect your IP Address to measure our web site traffic and help provide you with a better shopping experience with us. We also collect the referral web site address if you came via a link as well as the browser type you are using in order to help optimize our web site for our visitors.

What Information We Collect When You Make a Purchase on Our Web Site

We collect your name, address, and email address to process your order. We do not store any credit card information on our web site other than the Payment Transaction ID, Bank Approval Code, and the Card Type. We collect information contained in “Session Cookies” such as your login data, and past purchases to help us personalize your shopping experience.

What Information We Collect When You Create a Web Account with Us

We collect your name, address, phone number, and email address to protect your account. This information is later used to help simplify your purchasing experience with us.

Will Flashpan Incorporated Use My Email Address for Any Other Purpose?

NO. We will continue to practice our best efforts in protecting and securing your personal information. We do not send unsolicited email messages. If you wish to be removed from our email alerts, newsletters, and sweepstake promotions, simply click on the unsubscribe link located on the bottom of each email we send out.

Will My Personal and Account Information Be Provided to Any Other Third Party?

NO. We restrict access to your personal and account information to only authorized Flashpan Incorporated personnel. Your information will not be sold, given, or released to any third party individual or company.

How Do You Protect My Personal and Account Information?

Flashpan Incorporated uses 256-bit encryption technology and Secure Sockets Layer (SSL) in all area’s where you’re personal and account information is required. Our web site is certified by Verisign, which verifies that our web site is authentic and that we use SSL security. In addition, our servers are located behind several hardware and software firewalls to ensure your personal and account information is kept safe. All credit card transactions are forwarded securely to Moneris Solutions, Canada’s largest processor of debit and credit card transactions. More information can be seen at http://moneris.com. Flashpan Incorporated does NOT handle or process any credit card transactions on our web site.
Flashpan Incorporated reserves the right to modify this privacy policy from time to time. You should visit our web site periodically to review any changes.

How Do We Protect Children?

We will not knowingly collect information from individuals under the age of 13.

Legal Notice

All content contained in this site is owned and controlled by Flashpan Incorporated it is protected by worldwide copyright laws. The trademarks and trade names in this site are protected in the United States and internationally. No use of these is possible without the written authorization of the owners of the site.

Certain sections of the site contain information on FlashPan Incorporated products which may not be available in all countries.

Hyperlinks to other websites do not constitute an endorsement by FlashPan Incorporated Linking to these sites is at the users own risk. Although we try to choose these sites carefully, we can not guarantee the high standards of non-FlashPan sites. We advise each user to read the Privacy Policies at other sites.

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TERMS & CONDITIONS

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on October 30, 2007.

This Terms of Use Agreement sets forth the standards of use of the Flashpan Incorporated Online Service. By using the Flashpan Incorporated /www.flashpan.ca website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Flashpan Incorporated /www.flashpan.ca website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Flashpan Incorporated is providing Member with it’s web site. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by Flashpan Incorporated on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Flashpan Incorporated makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Flashpan Incorporated shall have no liability for any interruptions in the use of this Website. Flashpan Incorporated disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

Flashpan Incorporated SHALL NOT be liable for any damages whatsoever, and in particular Flashpan Incorporated shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Flashpan Incorporated has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold Flashpan Incorporated, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Flashpan Incorporated reserves the right to modify or discontinue the Service with or without notice to the Member. Flashpan Incorporated shall not be liable to Member or any third party should Flashpan Incorporated exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Flashpan Incorporated does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Flashpan Incorporated makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Flashpan Incorporated makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Governing Jurisdiction of the Courts of Alberta

Our website is operated and provided in the Province of Alberta. As such, we are subject to the laws of the province of Alberta, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the province of Alberta.

9. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 flashpan.ca, with all rights reserved, or is the property of Flashpan Incorporated and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Flashpan Incorporated is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Flashpan Incorporated.

Flashpan Incorporated™ and Flashpan.ca™ are proprietary marks of Flashpan Incorporated. Flashpan Incorporated’s trademarks may not be used in connection with any product or service that is not provided by Flashpan Incorporated, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Flashpan Incorporated.

All other trademarks displayed on Flashpan Incorporated’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Flashpan Incorporated.

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Flashpan Incorporated designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Douglas D. Tatlow
Suite 411
104, 1240 Kensington Road, NW
Calgary, Alberta Canada
T2N 4X7
Ph: 250.503.7564
douglas@flashpan.ca

12. Botnets

Flashpan Incorporated retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Flashpan Incorporated reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Flashpan Incorporated, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

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