These terms and conditions contain legal obligations.
please read these terms and conditions carefully before using our
site.
introduction
Welcome to the Internet sites of Canadaroses. By using a our Site,
or any of the products or services (collectively the "Services")
available, you agree, without limitation or qualification, to be
bound by these terms and conditions and such other additional or
alternative terms, conditions, rules and policies which are displayed
or to which you may be directed in connection with any particular
Service, all as may be modified by Canadaroses from time to time
in its sole discretion (collectively the "Terms and Conditions").
If you do not agree with these Terms and Conditions, you may not
use a this Site or any of the Services on the Site.
Please note that we reserve the right, at our discretion, to change,
modify, add, or remove portions of these Terms and Conditions at
any time. Please check periodically for changes. Your continued
use of this Site following the posting of any changes to these Terms
and Conditions will mean you accept those changes.
Privacy
For information on how user information is collected, used and
disclosed by Canadaroses in connection with your use of this Site
and any of the Services, please consult our Privacy
Policy.
Limitation of Liability
you expressly understand and agree that in no event shall canadaroses, including its affiliates and licensors, be liable for any damages
whatsoever, including any direct, indirect, incidental, consequential,
special or exemplary damages, and any damages for loss of profits,
savings, goodwill or other intangible losses, regardless of whether
bgm had been advised of or could have foreseen the possibility of
such damages, arising out of or in connection with: (a) the use, inability
to use or performance of any of the services of this site, or (b)
any unauthorized access to or modification to any of your content
or transmissions, or (c) any other matter relating to this site or
any of the services.
You expressly acknowledge that Canadaroses. has entered into this
agreement, and has and will make this Site, Content and Services
available to you in reliance upon the limitations and exclusions
of liability and the disclaimers set forth herein, and that the
same form an essential basis of the bargain between you and Canadaroses
You expressly agree that the limitations and exclusions of liability
and the disclaimers set forth herein will survive, and continue
to apply in the case of, a fundamental breach or breaches, the failure
of essential purpose of contract, the failure of any exclusive remedy
or termination of this agreement.
Governing Law/Jurisdictional Issues
This Site and Services are controlled, operated and administered
by Canadaroses from its offices within Canada. These Terms and
Conditions shall be interpreted, construed and governed by the laws
in force in the Province of Ontario, Canada, without reference to
its conflict of laws principles. Subject to the Arbitration and
Actions paragraph below, each party hereby agrees to submit to the
jurisdiction of the courts of the Province of Ontario and to waive
any objections based upon venue. The United Nations Convention on
Contracts for the International Sale of Goods does not apply to
these Terms and Conditions.
Arbitration and Actions
Any controversy, claim or dispute arising out of or relating to
these Terms and Conditions, your use of this Site or Service or the
relationship which results from these Terms and Conditions, including
without limitation, the performance, breach, enforcement, existence
or validity of the matters provided for in these Terms and Conditions
which cannot be amicably resolved, even if only one of the parties
declares that there is a difference (collectively, a "Claim"),
will be referred to and finally settled (to the exclusion of the courts)
by private and confidential binding arbitration before a single arbitrator
held in Toronto, Ontario in English and governed by Ontario law pursuant
to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted
from time to time. The arbitrator shall be a person who is legally
trained and who has experience in the information technology field
in Canada and is independent of either party. Any such Claim shall
be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim, controversy or dispute of any other
party. You agree to waive any right you may have to commence or participate
in any class action against us related to any Claim and, where applicable,
you also agree to opt out of any class proceedings against us. Notwithstanding
the foregoing, we reserve the right to pursue the protection of intellectual
property rights and confidential information through injunctive or
other equitable relief through the courts.
Ternination
You acknowledge and agree that Canadaroses, in its sole and absolute
discretion, may, without notice to you, suspend or terminate your
account or your use of, or access to, this Site or any of the Services,
and remove and discard any information or content related to this
Site or any of the Services (and your use thereof), for any reason,
including where Canadaroses believes that you have violated any of
these Terms and Conditions. You further agree that Canadaroses, shall
not be liable to you or to any other person as a result of any such
suspension or termination. If you are dissatisfied with this Site
or any of the Services or with any terms, conditions, rules, policies,
guidelines, or practices of Canadaroses in operating this Site or any
of the Services, your sole and exclusive remedy is to discontinue
using this Site or any of the Services.
General Provisions
This agreement is personal to you, and you may not assign your rights
or obligations to anyone. These Terms and Conditions constitute the
entire agreement between Canadaroses and you pertaining to your use
of this Site, Services, Product and Content and supercede any prior
agreements between you and Canadaroses with respect to the subject matter
hereof. Canadaroses´s failure to insist upon or enforce strict performance
of any right or provision of these Terms and Conditions shall not
constitute or be construed as a waiver of any right or provision.
If any of the provisions (or parts thereof) contained in these Terms
and Conditions are determined to be void, invalid or otherwise unenforceable
by a court of competent jurisdiction, such determination shall not
affect the remaining provisions (or parts thereof) contained herein.
No changes to these Terms and Conditions shall be made except by a
revised posting on this page or except as otherwise expressly contemplated
herein. The parties have required that these Terms and Conditions
and all documents relating thereto be drawn up in English.
|
