Website Terms and Conditions
Your use of the Powershopper Inc. website (the "Website") constitutes your acceptance of the following terms and conditions (the "Terms and Conditions"). Therefore, please take the time to review them carefully. If you do not agree with any of these Terms and Conditions, do not use the Website.
Operator
The Website is operated by Powershopper Inc.
Modifications and Updates to These Terms And Conditions
Powershopper Inc. reserves the right to update or modify (collectively "change") these Terms and Conditions at any time without prior or any notice to you. Your use of the Website following any such change constitutes your agreement to follow and be bound by these Terms and Conditions as changed. For this reason, We encourage you to review these Terms and Conditions whenever you use this Website.
Ownership and Permitted Use
All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text (collectively "Content"), are subject to trademark, service mark, trade dress, copyright, patent and/or other intellectual property rights owned by or licensed to Powershopper Inc. The entire Content is protected as a collective work under the copyright laws of Canada and other countries, and Powershopper Inc. owns all copyright in the selection, co-ordination, arrangement and enhancement of the Content. The Content and the Website as a whole, are intended solely for personal, non-commercial use by the users of the Website. You may download, print and store selected portions of the Content, provided you: (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright, trademark or other proprietary notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Powershopper Inc. reserves complete title and full intellectual property rights in any Content you download from this Website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, rent, lend, share, translate, communicate by telecommunication, transfer or create derivative works from the Content, without first obtaining express written permission from Powershopper Inc.
Powershopper. and all other trademarks and design marks displayed on the Website (collectively, the "Trademarks") are registered and/or common law trademarks of Powershopper Inc. or their respective owners. The trademarks of any third parties that appear on the Website are used under license. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Powershopper Inc. or such other party that may own the applicable trademarks.
Powershopper Inc. reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Powershopper Inc. believes that customer conduct violates applicable law or is harmful to the interests of Powershopper Inc. or any third parties.
In its sole discretion, in addition to any other rights or remedies available to Powershopper Inc. and without any liability whatsoever, Powershopper Inc. at any time and without notice may terminate or restrict your access to any component of this Website.
Feedback
We welcome your comments and feedback , by email, regular mail of fax, regarding the Website or our services. If you provide to us any comments, questions, information, suggestions or the like (collectively, "Comments"), you grant Powershopper Inc. a world-wide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, share, rent, lend, create derivative works from, distribute, communicate by telecommunication and display such Comments throughout the world in any media, now known or hereafter developed, and you waive any and all moral rights in the Comments. You also grant Powershopper Inc. the right to use the name you submit with the Comments, if any, in connection with Powershopper' rights hereunder. Powershopper Inc. will not be subject to any obligation of confidentiality regarding Comments, unless Powershopper Inc. expressly agree to such obligation in writing. You represent and warrant that you have the right to grant the license granted herein with respect to Comments.
You are prohibited from contributing, posting or transmitting to the Website, any infringing, unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
Correction of Errors and Inaccuracies
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologise for any inconvenience this may cause you.
Privacy
You have read our Privacy Policy, the terms of which appear on the Website and are incorporated by reference into these Terms and Conditions, and agree that the terms of such Privacy Policy are reasonable. You consent to the use of your personal information by Powershopper Inc. and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy Policy.
DISCLAIMERS
THE WEBSITE IS OPERATED BY Powershopper Inc. ON AN "AS IS," AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, Powershopper Inc. AND ITS AFFILIATES, SUBSIDIARIES AND RELATED CORPORATE ENTITIES (COLLECTIVELY, THE "POWERSHOPPER BUSINESSES") DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR OR ANY PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, THE POWERSHOPPER BUSINESSES DISCLAIM, WITH THE SOLE EXCEPTION OF THE EXPRESS WARRANTY PROVIDED FOR IN THE RETURNS POLICY AND GUARANTEE, ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO ANY PRODUCTS OFFERED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR OR ANY PURPOSE OR USE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT.
WITHOUT LIMITING THE FOREGOING, THE POWERSHOPPER BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, THE POWERSHOPPER BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
THE POWERSHOPPER BUSINESSES ARE NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS.
THE POWERSHOPPER BUSINESSES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE.
THE POWERSHOPPER BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE.
THE POWERSHOPPER BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THE WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL THE POWERSHOPPER BUSINESSES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED SAVINGS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE POWERSHOPPER BUSINESSES OR ANY OF THEM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING, FOR ANY REASON THE POWERSHOPPER BUSINESSES OR ANY OF THEM ARE FOR ANY REASON FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENTS OF THE WEBSITE OR ANY PRODUCT SOLD ON THE WEBSITE, THEN THE TOTAL AGGREGATE LIABILITY OF THE POWERSHOPPER BUSINESSES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Indemnification
You shall indemnify and save harmless the POWERSHOPPER BUSINESSES and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action, demand, cost, loss, expense or liability, including without limitation reasonable legal, accounting and other professional fees, brought against or suffered or incurred by the POWERSHOPPER BUSINESSES as a result of your use of the Website, including without limitation the posting or providing of any Comments, or ordering of products from the Website.
Links
The Website may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the POWERSHOPPER BUSINESSES of the linked web site or information contained therein. The POWERSHOPPER BUSINESSES shall not be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
Governing Law
These Terms and Conditions, your use of the Website, and your purchase of products from the Website will be governed by and interpreted pursuant to the laws of the Province of British Columbia, Canada, and these Terms and Conditions and the contract that is formed when your offer to purchase products from the Website is accepted by Powershopper Inc. shall be treated in every respect as British Columbia contracts. You consent and submit to the exclusive jurisdiction of the courts of British Columbia, in all disputes arising out of or relating to the use of the Website and these Terms and Conditions.
Severability
These Terms and Conditions shall be deemed severable. In the event that any provision of these Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
These Terms and Conditions, together with the Privacy Policy, the Returns Policy and Guarantee and all other terms and conditions that are incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by the express agreement of Powershopper Inc. in writing, or by Powershopper Inc. making such amendments or modifications available to you pursuant to a modification of these Terms and Conditions as permitted herein. No waiver of any provision of these Terms and Conditions shall be deemed or shall constitute a continuing waiver of such provision nor shall such waiver be deemed or constitute a waiver of any other provision.
Last Revised June 11, 2002
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