Terms and Conditions
This Website (“Website”) is offered to you by COMPANY.
The following Terms of Use govern your access and use of this Website. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Website (the “Content”) and to specific content, data, materials, or information you may upload, submit and/or publish to this Website (“User Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.
The content (including written, visual or audio materials, and programs) is copyrighted by COMPANY, or licensed to COMPANY by third parties. It is protected by copyright laws, treaties and other laws and regulations of each country. It is prohibited to use the content of this Website beyond what is explicitly allowed by applicable laws and regulations, including (but not limited to) reproduction, distribution, alteration, public transmission, reuse and/or transfer, without our prior written consent.
Acceptance of Terms of Use
By accessing or using this Website you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Website. If you do NOT agree to all of these terms, you should NOT access or use this Website.
By agreeing to these terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose nor may you, in accessing this Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on the Website is not accurate, complete or current.
In describing and portraying our products on our website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other website content is accurate, complete, reliable, current or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability at any time without prior notice (including after you have submitted your order). If a product offered on our website is not as described, your sole remedy is to return it to us.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
Prices for our products are subject to change without notice and we reserve the right to discontinue the sale of any products at any time without notice.
Products
When you place an order on the Website, we will ship your order to the address designated by you as long as that shipping address is compliant with any shipping restrictions set out on our website. We may require verification of information prior to the acceptance and/or shipment of any order.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing Information
You certify that the name, address, and all other personal and non-personal information that you give us while and after using our Website is true, accurate, current, and complete. If you provide false, inaccurate, stale, or incomplete information, or if we suspect that you did so, we may refuse or limit access to, or use of, our Website without prior notice to you.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Copyright and Use of Trademarks
Copyright and all other proprietary rights in Content provided by COMPANY, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish this Website, the compilation of data on this Website, and the order, sequence and arrangement of this Website, all belong to COMPANY and / or its brand licensees, other partners or licensors. All rights in the Content not expressly granted herein are reserved.
COMPANY products and their product names found on this Website are either service marks or registered trademarks of COMPANY (we refer to it hereafter as the “Company”.).
Other product and Company names are official names, registered trademarks or service marks of the respective companies.
The use and registration of the COMPANY name is exclusively reserved to our Company. You may not register nor use a Company name, statutory name, trade name, domain name or other name, indication or description, of which the COMPANY name or any name similar thereto or any name which consists of a part of the COMPANY name forms part nor shall it include any other registered trademark owned by COMPANY
Any unauthorized use of trademarks and other content published on this Website is strictly prohibited without prior written consent of the Company or the licensor (in case the Company has obtained a license for the use of the licensors’ content on this Website). The use of trademarks and other content is, however, permissible if such use is explicitly stated in the Terms.
Guarantees Regarding Content
We make every effort to ensure the accuracy of the content on this Website and to ensure it is current, however, we do not make any guarantee, warranty or representation with respect to the content being accurate, current or complete.
Forward Looking Statements
The information on this Website may contain certain forward-looking statements with respect to the financial condition, results of operations and business of COMPANY and certain plans and objectives of COMPANY with respect to these items. We caution readers that no forward-looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward-looking statements.
Any forward-looking statements made by or on our behalf, speak only as of the date they are made. We do not undertake to update forward-looking statements to reflect any changes in expectations with regard thereto or any changes in events, conditions or circumstances on which any such statement is based. The reader should, however, consult any additional disclosures that we have made or may make in documents we have filed or may file with the relevant regulatory authorities as applicable.
Links
It is not necessary to request permission if you want to add a link to this Website. However, the Company does not approve of links to this Website being placed on other sites that feature pornography or defamation of people including the Company. When linking to this Website, please follow the instructions as below.
When displaying the Company’s name, please ensure “COMPANY” is correctly shown. When displaying a logo, please use one of the graphics shown below, and do not alter, modify or deform them.
Please refer to the “Copyright and Use of Trademarks” for the use of Company’s names and trademarks.
Links to third-party sites or links from such sites (we refer to them hereafter collectively as “Link Sites”) to this Website are not verified by the Company. The Company shall not be held responsible for any content on the Link Sites nor any problem or damage related to and arising from the use of such Link Sites. The Company does not control nor endorse content of those Link Sites.
Feedback, Proposals and Ideas
We welcome your valuable feedback, proposals, ideas and comments sent to us via our website, on e-mails or postal mail. We love hearing from you and hold your communication in high regard. All comments are treated in accordance with the terms and policies set out on our Website including the following conditions:
- that the Company does not have responsibility of treating your communication as confidential information,
- that the Company is not be liable to make verifications, evaluations or adaptations,
- that the Company has free hand in their use (or non-use) in the way it feels fit,
- that there shall be no copyrights, or any other rights attached to them, and
- that the Company shall not be held responsible for compensation or any other form of payments to you and/or third parties.
Governing Laws and Jurisdiction
The content on this Website and the Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes related to or arising from this Website shall be governed and construed by the same.
Information on Products
The Company shall not be held responsible for any loss of business revenues arising from the use of the products introduced on this Website or any loss or change to the recorded information as a result of the use of such products.
COMPANY reserves the right to discontinue or make changes or updates to COMPANY products at any time without notice and for any reason whatsoever at its sole discretion including changes to product pricing.
Product improvements, ratings and specifications as well as the appearance may change without notice.
Pictures may display a different tone of colors due to the characteristics of the computer monitor in use.
Disclaimer of warranties; limitation of liability
We make no representations or warranties with respect to our website or its content, or any product or service available on or promoted through our website, products and services made available through our website are provided on an “as is,” “as available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, we and our affiliates disclaim any and all representations and warranties, whether express or implied, with respect to our website and the information, products and services made available through our website. Without limiting the generality of the foregoing, we and our affiliates disclaim all representations and warranties, express or implied, (a) of title, non-infringement, merchantability and fitness for a particular purpose; (b) arising from course of dealing or course of performance; (c) relating to the security of our websites; (d) that the content of our websites is accurate, complete, current or reliable; and (e) that our websites will operate without interruption or error.
We do not endorse and are not responsible for statements, advice and opinions made by anyone other than authorized company spokespersons. We do not endorse and are not responsible for any statements, advice or opinions contained in user contributions and such statements, advice and opinions do not in any way reflect the statements, advice and opinions of us. We do not make any representations or warranties against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data.
Some jurisdictions do not allow the exclusion of certain warranties. accordingly, some of the above disclaimers of warranties may not apply to you.
To the fullest extent permitted by applicable law, and without limiting anything else in these terms, our entire liability and your exclusive remedy with respect to the use of our website and services will be: the amount of $100.
In no event will we be liable for any indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of our website or services or for any other claim related in any way to your use of our website or services. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the extent permitted by applicable law.
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable, or we were advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
No Waiver
No failure on the part of COMPANY to enforce any part of these Terms of Use shall constitute a waiver of any of COMPANY’s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by COMPANY nor the reliance of any person on COMPANY’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of COMPANY shall have any legal effect whatsoever.
Headings
The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.