TERMS OF USE
IMPORTANT -- PLEASE READ
© 2003 XpressHAND
Acceptance of the Terms of Use.
These Terms of Use (also referred to as the "Terms") are a binding agreement between you and XpressHAND or this website or site when you access and use this site and its related services and products. You undertake to accept the Terms as well as our Privacy Policy when you use our service or the website or interact on or with the website. By visiting the site and/or using any of its services and products, you are subject to the Terms of Use and are deemed to have accepted them.
If you do not accept the Terms, you are not allowed to use our service or the website.
If there is any contradiction between the Terms of Use and the specific terms related to a certain service or product offered on the website, the specific terms of that certain service or product will take precedence over the Terms of Use.
Amendment of the Terms of Use.
These Terms of Use may be updated from time to time without prior notice. You agree to check for changes when you visit this site. Revisiting our website after modification is construed that you also accept the amended Terms.
Our contact.
In case of any question about the Terms, you are always welcome to contact us here or through our mailing address published on the website.
Parties involved.
The Terms cover our clients, buyers (including product or service recipients), customers and members, including all visitors to the website and subscribers to our newsletter. A recipient is one who receives a product or service sold, where the product or service is ordered and paid for by someone other than the recipient. Members are entities or persons who join a marketing endeavour promoted by us, while "website", "site", XpressHAND or "seller" is us---this website and its operators, owners, employees and agents.
Status of user.
A) With regard to age. A user of this website must be of legal age to make an agreement and/or must not be under the age of 18. The website is not lawfully for persons under the age of 18 or who are otherwise covered by COPA, Child Online Privacy Act of 1998.
B) With regard to exclusion. You acknowlege and agree that the website reserves the right to bar anybody for any reason from accessing or using the website and that you are not a person barred from receiving services under any applicable jurisdiction. You accept and agree that under our Privacy Policy, the website is authorized to collect and archive your information, which may be used for your exclusion from using the website as well as for other purposes.
C) With regard to unqualified users. The website is not responsible for any breach of law, local, national or international, arising from accessing the site and/or using any of its services by legally unqualified users. The website makes no claim that materials on the site are legally appropriate in any particular jurisdiction.
Compliance.
In compliance with the Terms, you acknowledge and agree that any information collected or received by the website, including graphics, from contact or contacts, forms, emails, you have made with the website becomes the website's property, which it may use without the necessity of asking for your further approval. Thus, you need to consider disclosing to the website only information that is eligible for the website to use for any purpose that it deems suitable.
Copyright of materials published on the site.
The site's graphics, text and content belong to XpressHAND or entities from which XpressHAND has obtained permission and to copy, download, reproduce, republish or transmit the materials in whole or in part in a commercial or public setting is prohibited, unless with XpressHAND's written consent. The website and its contents are owned by XpressHAND. You must presume that all materials on the website to be proprietary and copyrighted.
Abuse and corruption of the website.
You acknowledge and agree that you will not carry out any activity that will disrupt or intervene with the function of the website or make a hypertext link of this site or parts thereof to yours or co-brand and frame the site or parts thereof for whatever purpose without XpressHAND's written consent. You accept full responsibility for transgression of this provision and you agree to remove or deactivate any such activities.
Disclaimer for third party's content or materials.
Of content or materials derived from a third party displayed on the site, XpressHAND makes no representations about the accuracy, reliability, suitability, merchantability, title, non-infringement or fitness for a particular purpose. Said third party remains solely liable for that content or materials.
Disclaimer for comments, information, materials and ads posted on the site.
You acknowledge that XpressHAND does not necessarily endorse or agree with comments, statements, information and materials, graphics or advertisements that you post on the site. Users must not post or make available any content or material that violates any applicable local, national or international law or that is harassing, threatening, defamatory, obscene, harmful to minors or that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age or otherwise objectionable or that infringes any copyright or proprietary right of any party. XpressHAND reserves the right, but assumes no obligation, to review, edit or remove without notice any material submitted for posting or already posted on the site. Users that have posted objectionable or prohibited material on the site must assume sole responsibility for any consequence whatsoever that may arise from said posting.
Indemnification.
You agree to indemnify and hold XpressHAND, its owners, officers, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers, and employees harmless from any damage, claim or demand, including all legal fees and court, made by any third party due to Material or Content you post, submit or make available thorough the Site, the Service, the Product, your use of the Service and/or Product, your violation of the Terms of Use, your breach of any of the representation and warranties herein, or your violation of any rights of another.
Warranty disclaimer and limitation of liability.
You agree that you are accessing the site and/or using its services or its products at your own risk. The site and its services including its products are provided "as is" without warranty of any kind. XpressHAND has taken proper caution to ensure information on the site is accurate and current but makes no warranties as to the accuracy and completeness of the information or functionality of the site. Unless you have made a special contract with the website to the contrary, you accept and agree not to rely on any information published on the site as accurate. XpressHAND as the site owner, its employees and agents shall not be liable for claims, losses and/or damages of any nature arising out of inaccuracy and incompleteness of information as well as of the use of the site and/or its services or its products or inability to use the site and/or its services/products, including any harm and damage caused to your computer or service or product or to third party's computer or service or product by viruses, worms or other corrupting agents. User of the site acknowledges and agrees to use the site and/or interact on and with the site totally at his own risk.
Under No Circumstances shall XpressHAND be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if XpressHAND has been advised of the possibility of such damages), resulting from any aspect of your use of the XpressHAND site or the service or the product, whether the damages arise from use or misuse of the XpressHAND site or the service or the product, from inability to use the XpressHAND site or the service or the product, or the interruption, suspension, modification, alteration, or termination of the XpressHAND site or the service or the product. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the XpressHAND site or the service or the product or any links on the XpressHAND site, as well as by reason of any information or advice received through or advertised in connection with the XpressHAND site or the service or the product or any links on the XpressHAND site. The limitations shall apply to the fullest extent permitted by law.
Dispute resolution.
Users, visitors, buyers, customers, clients, members and subscribers of the website accept and agree to use binding arbitration for any claim, any dispute or contention of any nature (in contract, tort or otherwise) that arises out of the purchase of the website's product or service or of users' interaction on or with the website including terms of use issues, solicitation issues, and privacy issues.
When there is a dispute, the user, visitor, buyer, customer, client, member or subscriber of the website accepts and agrees to use arbitration, which shall be conducted in compliance with the rules of the Arbitration and Mediation Institute of Canada (AMIC) which are in effect on the date a dispute is submitted to the Arbitration and Mediation Institute of Canada. Information about the Arbitration and Mediation Institute of Canada in Ontario (AMIO), located in Toronto, its rules and its forms are available by contacting them at 416-487-4447. Hearing will take place in Kitchener, Ontario, Canada.
Users, buyers, customers, clients, members and subscribers of the website accept and agree that they have no right to go to court. Likewise, they disclaim their right to engage in pre-trial discovery except as provided in the rules and they will not have the right to join as a representative or member of any class of claimants related to any claim subject to arbitration. The arbitrator’s decision will be final and binding with limited rights of appeal.
The party who has lost the case shall bear all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees as well as travel expenses, of the prevailing party.
Users, visitors, buyers, customers, clients, members and subscribers of the website accept and agree that the jurisdiction would be Kitchener, Ontario, Canada should any matter regarding this service or product on the website be brought before a court of law.
These Terms of Use shall be governed by the laws of the province of Ontario located in Canada.These Terms of Use shall be governed by the laws of the province of Ontario located in Canada.
Last modified. These Terms of Service were last updated on: September 25, 2008
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