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Please read the following carefully.
These Terms, any other policies or guidelines governing the Site are subject to change by Company at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms posted on the Site at the time of such use. Your continued use of this Site, the Services and acquisition of Materials after such changes are implemented will constitute your acknowledgment and acceptance of the changes. Please consult these Terms regularly. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND THE SERVICES.
1. Your Registration Obligations
2. Restrictions On Use
3. Proprietary Information
4. Third Party Content
5. Fees and Payments
7. Use of the Services and the Materials
8. Conduct and the Use of Email and the Site/Submissions
10. Disclaimer of Warranties/Limitation of Liability
You agree at all times to defend, indemnify and hold harmless Company, its employees, contractors, agents, officers, directors, successors and assigns and affiliates (the "Indemnified Parties ") from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of the Site, Services, Materials or the Content, from Submissions that you post to, submit or transmit through the Site or from your violation of these Terms. Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim. You will cooperate as fully as reasonably required in the defence of any claim. Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
Please report any violations of these Terms to Company at: firstname.lastname@example.org.
14. Risk of Loss
All Materials purchased from Company are made pursuant to a separately agreed upon shipment contract. Risk of loss and title for such Materials shall pass to you upon Company’s delivery to the carrier.
15. Applicable Law; Dispute Resolution
You acknowledge and agree that these Terms shall remain in effect for so long as you use this Site. You agree that this agreement can only be terminated by you once you have stopped using the Site, including any Services. Company reserves the right to terminate your use of the Site at any time, for any reason, with or without cause, if Company believes that you are violating these Terms in any way and your permission to use the Material automatically terminates. Upon such occurrence, you will immediately destroy any copies that you have made of the Material. Company also has the right, in its sole discretion, to remove any Submissions from the Site. Company may also terminate your password on the Site at any time, with or without cause or notice, for any reason. If you wish to terminate your account, you many choose to cease your use of the Site or to send Company notification by e-mail at email@example.com. Company shall not be responsible for maintaining or returning Submissions or your password. You should always maintain a copy of your Submissions. You acknowledge that any termination of this agreement will not discharge you of any of your obligations to pay for any outstanding fees, charges or penalties owed to Company at the time of termination.
17. Entire Agreement
These Terms and any other legal notices, policies and guidelines of Company linked to these Terms constitute the entire agreement between you and Company relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
18. No Agency; Third Party Beneficiary
The Company is not your agent, fiduciary, trustee, or other representative, including as against Third Party Providers unless the Third Party Provider Agreement states otherwise. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Company, you, and relying Third Party Providers.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of Company.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
21. No Waiver
Company will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Company. No delay or omission by Company in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Company’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Company’s right to subsequently enforce such provision or any other provisions of these Terms.
22. Export Controls
Canada controls the export of certain products and information. You agree to comply with such Canadian restrictions and not to export or re-export any Material to countries or persons prohibited under applicable Canadian export control laws. By purchasing or downloading any Material, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with Canadian regarding the import, export or re-export of any Material.
The headings used in these Terms are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms.
24. Electronic Communications
You consent to receive communications from Company electronically. Company will communicate with you by e-mail or by posting notices on the Site.
You agree that English will be the language of the Site and of all transactions occurring in connection with the Site, and you agree to waive any right to use and rely upon any other language or translations. You acknowledge that it is your express wish that these Terms have been drawn up in English. C'est la volenté expresse des parties que la présente convention ainsi que tous les documents legales qui s'y rattachent soient rédigés en anglais.