Copyrights
This Site and the materials are the property of Our Company and its licensors, and are protected by copyright, international
treaties, and other laws.
Use License
Our Company jointly grants you permission to view this Site and to print individual
pages from this Site for your own personal, noncommercial use, provided that
you agree to and accept without modification the notices, terms and conditions
set forth in this agreement. You may not modify, copy (except as set forth in
the preceding sentence), distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or sell any information,
material, software, products or services from this Site. Your use of this Site
constitutes your agreement and acceptance without modification of the notices,
terms and conditions set forth herein. In addition, as a condition of your use
of this Site, you represent and warrant to Our Company that you will not use
this Site for any purpose that is unlawful, immoral or prohibited by these terms,
conditions and notices. If you do not agree and accept without modification
the notices, terms and conditions set forth herein, do not use this Site. Other
than this agreement and agreements between you and Our Company relating to
the sale of products or services, Our Company will
not enter into any agreement with you or obligation to you through this Site
and no attempt to create such an agreement or obligation will be effective.
Trademarks
The trademarks, service marks and logos (the "Trademarks") used and
displayed on this Site are registered and unregistered Trademarks of Our Company and others. Nothing on this Site should be construed as granting,
by implication, estoppel or otherwise, any license or right to use any Trademark
displayed on the Site, without the prior written permission of the Trademark
owner. Our Company aggressively enforces its intellectual property rights
to the fullest extent of the law. The name of Our Company, Our Company logo
or the other Our Company formatives may not be used in any way, including
in advertising or publicity pertaining to distribution of materials on this
Site, without prior, written permission from Our Company. Our Company prohibits use of Our Company logo as part of a link to or from any site
unless establishment of such a link is approved in advance by AOur Company in writing. Fair use of Our Company's Trademarks requires proper
acknowledgement. Other product and company names mentioned in this Site may
be the Trademarks of their respective owners.
Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties other than
Our Company. Such links are provided for your reference
only. Our Company does not control outside Sites and is not responsible for
their content nor their conformity to applicable laws. Our Company inclusion
of links to an outside Site does not imply any endorsement of the material on
the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation
or association with its owner, operator or sponsor, nor does Our Company's
inclusion of the links imply that Our Company is authorised to use any trade
name, trademark, logo, legal or official seal or copyrighted symbol that may
be reflected in the linked Site.
Products
This Site displays Products available for purchase in USA, however not all
Products are available at all times and Products may be changed, substituted
or discontinued at any time. Our Company attempts to provide an accurate description
of the Products available for sale, but does not warrant the accuracy, completeness,
reliability or currency of such descriptions. Certain Products may be the subject
of third-party warranties offered by its manufacturers or providers.
Additional terms and conditions applicable to your online purchases are provided
to you on the Site as you order Products, prior to completing your purchase.
NO WARRANTIES; EXCLUSION OF LIABILITY
Our Company MAKE NO REPRESENTATION ABOUT THE SUITABILITY
OF THE MATERIALS OR PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS
AND PRODUCTS ARE PROVIDED BY Our Company "AS IS" WITHOUT WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED. Our Company AND Our Company. SPECIFICALLY
DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MATERIALS
AND PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NEITHER Our Company NOR Our Company Inc. SHALL HAVE ANY LIABILITY OR RESPONSIBILITY
FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS ON THIS SITE, FOR YOUR ACTION OR
INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR
DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE
OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Our Company, ITS
AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THIS SITE, THE MATERIALS OR PRODUCTS ON THIS SITE, THE DELAY OR INABILITY
TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER
BASED ON CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
General
You agree that this agreement and your use of this Site are governed by the
laws of Tennessee applicable therein. You hereby consent to the exclusive jurisdiction
and venue of the courts, tribunals, agencies and other dispute resolution organizations
in Tennessee, USA in all disputes: (a) arising out of, relating to,
or concerning this Site and/or this agreement, (b) in which this Site and/or
this agreement is an issue or a material fact, or (c) in which this Site and/or
this agreement is referenced in a paper filed in a court, tribunal, agency or
other dispute resolution organisation. This Site is made available to residents
of USA only. Use of this Site in any other jurisdiction is unauthorised.
Our Company has endeavoured to comply with all legal requirements known to
it in creating and maintaining this Site, but makes no representation that materials
or Products on this Site are appropriate or available for use in any particular
jurisdiction. You are responsible for compliance with applicable laws. Any use
in contravention of this provision or any provision of this agreement is at
your own risk and, if any part of this agreement is invalid or unenforceable
under applicable law, the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall govern such
use. With the prior agreement of Our Company, any claim, dispute or controversy
arising out of, relating to or concerning this Site and/or this agreement shall
be decided by binding arbitration in accordance with the Arbitration Act, 1991
and any such arbitration proceedings shall be brought and held in Toronto, Tennessee.
The decisions of the arbitrators shall be binding and conclusive upon all parties
involved and judgement upon any award of the arbitrators may be entered by any
court having competent jurisdiction. This provision shall be specifically enforceable
in any court of competent jurisdiction. You agree that Our Company may at
any time and without notice change the terms, conditions and notices under which
this Site is offered. You agree that no joint venture, partnership, employment
or agency relationship exists between you and Our Company as a result of this
agreement or your use of this Site. Our Company's performance of this agreement
is subject to existing laws and legal process and nothing contained in this
agreement is in derogation of Our Company's right to comply with law enforcement
requests or requirements relating to your use of this Site or information provided
to or gathered by Our Company with respect to such use. This agreement, the
privacy statement, and terms of sale presented to you in connection with your
transaction constitute the entire agreement between you and Our Company Inc.
and Our Company with respect to this Site. This agreement supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or
written, between you and Our Company with respect to this Site. No modification
of this agreement shall be effective unless it is authored by Our Company
or its affiliates, or unless it is physically signed in blue
ink by a Our Company officer. Any alleged waiver of any breach of this agreement
shall not be deemed to be a waiver of any future breach. A printed version of
this agreement and/or of any notice given by Our Company or Our Company
in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement or your use of this Site to the same
extent and subject to the same conditions as other business documents and records
originally generated and maintained by Our Company in printed
form. |
