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CanadaRoses Conditions
of Use |
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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. |
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