Last Updated: November 20, 2008
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, MERCHANTABILITY, WARRANTIES OR CONDITIONS RELATING TO ACCURACY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERRORS, CURRENCY, COMPLETENESS OF THE CONTENT CONTAINED ON THIS WEBSITE, THAT THE WEBSITE WILL BE AVAILABLE WITHOUT INTERRUPTION, THAT THE WEBSITE IS FREE FROM VIRUSES, ALL OF WHICH ARE DISCLAIMED BY ALLIED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES
THIS WEBSITE MAY INCLUDE LINKS OR REFERENCES TO OTHER INTERNET SITES OPERATED BY OTHER PERSONS (COLLECTIVELY, THE “THIRD PARTY SITES”). ALLIED HAS NO RESPONSIBILITY OR LIABILITY FOR OR CONTROL OVER THIRD PARTY SITES OR THEIR CONTENT, AND DOES NOT SPONSOR OR ENDORSE THIRD PARTY SITES. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
In no event will Allied and its employees and affiliates be liable to you or any other person for any loss, cost or damages whatsoever (including without limitation any loss of profits, information, data or business interruption), whether direct, indirect, incidental, punitive, special, exemplary, consequential, arising from or relating to the Website (including without limitation the Content) or this agreement, even if Allied has been advised of the possibility of damages or if such damages are reasonably foreseeable.
If, notwithstanding this agreement, Allied is liable to you or any other person, then in no event will Allied’s total aggregate liability to you or any other person under any theory of liability (whether in contract, tort, strict liability or any other theory of law or equity) ever exceed $10 (CDN).
YOU HEREBY RELEASE, REMISE AND DISCHARGE ALLIED FROM ALL OBLIGATIONS, LIABILITES, CLAIMS AND DEMANDS IN EXCESS OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You will indemnity, defend and hold Allied harmless from and against all liabilities, costs and expenses, including without limitation reasonable legal fees, incurred by Allied in connection with your use of the Website, your breach of this agreement, or any wrongful conduct by you.
Ownership and Permitted Use
The photographs, diagrams, images, text, information, software, videos, graphics and other materials on the Website (the “Content”) are protected by Canadian and international intellectual property laws, including without limitation copyright, trade-marks and other proprietary rights, and are the property of Allied and other persons, with all rights reserved. Allied owns a number of registered and unregistered trade-marks, including without limitation SUPER HOT, SUPER HOT & Design, MINI-STAR. Your use of the Website does not transfer to you any rights in the Website or the Content.
You may use the Website only in the manner permitted in this Agreement and subject to all applicable laws. You may display and print the pages of the Website for your own personal, non-commercial use only and provided that you do not modify the Content or remove any notices, disclaimers or marks. You may not use any trade-marks, including without limitation any logos, displayed on the Website without Allied’s prior written permission. Links to the Website without Allied’s prior written permission are strictly prohibited. Any reproduction, imitation, mirroring, modification, distribution, framing or other use of the Website or the Content, in whole or in part, is strictly prohibited without Allied’s prior written permission.
Purpose of Website
The Website is for informational purposes only, and may not be used to place orders, to buy any products or to give instructions to Allied regarding any matter.
Governing Law and Disputes
The provincial laws of the Province of British Columbia and the applicable federal laws of Canada shall govern the use of the Website, and the interpretation of this agreement and all related matters, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. You submit and attorn to the original and exclusive jurisdiction of the courts of the Province of British Columbia, sitting in the City of Vancouver, in any and all dispute between you and Allied or any other person arising from the Website.
Any rights not expressly granted by this agreement are reserved to Allied. This agreement is subject to change from time to time without notice and without any liability to you or any person.