You understand that the Company cannot and does not guarantee or
warrant that files available for downloading from the Internet or
the Official Website USA will be free of viruses or other
destructive code. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output,
and for maintaining a means external to the Website for any
reconstruction of any lost data. To the greatest extent provided
by law, the Company will not be liable for any loss or damage
caused by a distributed denial-of-service attack, viruses, or
other technologically harmful material that may infect your
computer equipment, computer programs, data, or other proprietary
material due to your use of the Website or any services or items
obtained through the Website or to your downloading of any
material posted on it, or on any website linked to it.
Your
use of the Website, its content, and any services or items
obtained through the Website (including all Third-Party Materials)
is at your own risk. The Website, its content, and any services or
items obtained through the Website are provided “as is” and “as
available,” without any warranties of any kind, either express or
implied. Neither the Company nor any person associated with the
Company is making any warranty or representation with respect to
the completeness, security, reliability, quality, accuracy, or
availability of the Website. Neither the Company nor anyone
associated with the Company represents or warrants that the
Website, its content, or any services or items obtained through
the Website will be accurate, reliable, error-free, or
uninterrupted, that defects will be corrected, that the Website or
the server that makes it available are free of viruses or other
harmful components, or that the Website or any services or items
obtained through the Website will otherwise meet your needs or
expectations.
To the greatest extent provided by law,
the Company hereby disclaims all warranties of any kind, whether
express or implied, statutory, or otherwise, including but not
limited to any warranties of merchantability, noninfringement, and
fitness for particular purpose, with respect to the Website, its
content, all Third-Party Materials, and any items or services
available through the Website.
The foregoing does not
affect any warranties that cannot be excluded or limited under
applicable law.
Limitation on Liability
To the
greatest extent provided by law, in no event will the Company, its
affiliates, or their licensors, service providers, employees,
agents, officers, or directors be liable for damages of any kind,
under any legal theory, arising out of or in connection with these
Terms of Use, your use, or inability to use, the Website, any
websites linked to it, any content on the Website or those other
websites, any Third-Party Materials, or any services or items
obtained through the Website or those other websites, including
any direct, indirect, special, incidental, consequential, or
punitive damages, including personal injury, pain and suffering,
emotional distress, loss of revenue, loss of profits, loss of
business or anticipated savings, loss of use, loss of goodwill,
loss of data, and whether caused by tort (including negligence),
breach of contract, or otherwise, even if foreseeable and
notwithstanding the failure of any other remedy of its essential
purpose. In addition, the Company is not liable for any spam
emails that come from a third party claiming to be the Company or
its owner. Nor will the Company be liable for any spam emails from
third parties promoting our products. IF, NOTWITHSTANDING THE
PROVISIONS OF THIS SECTION, COMPANY IS FOUND LIABLE FOR ANY LOSS,
DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO
THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL
COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE
TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO COMPANY IN THE TWELVE
(12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR
U.S. $100.00, WHICHEVER IS LESS.
The foregoing does not
affect any liability that cannot be excluded or limited under
applicable law.
Indemnification
You will defend,
indemnify, and hold harmless the Company, its affiliates,
licensors, and service providers, and its and their respective
officers, directors, employees, contractors, agents, licensors,
suppliers, successors, and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses,
or fees (including reasonable attorneys’ fees) arising out of or
relating to: (i) your violation of these Terms of Use or
applicable law;; or (ii) your use of the Website, including your
User Contributions, any use of the Website’s content, services,
and products other than as expressly authorized in this agreement
or your use of any information obtained from the Website.
Governing
Law and Jurisdiction
British Columbian law governs all
matters relating to the Website, these Terms of Use, and any
dispute or claim arising from or related to it (in each case,
including non-contractual disputes or claims) without giving
effect to any choice or conflict of law provision or rule (whether
of British Columbia or any other jurisdiction).
Any
legal suit, action, or proceeding arising out of, or related to,
this agreement or the Website not subject to arbitration will be
instituted exclusively in the federal courts of Canada located in
the province of British Columbia or the provincial courts of the
province of British Columbia, although the Company may bring any
suit, action, or proceeding against you for breach of this
agreement in your country of residence or any other relevant
country. You waive all objections to the exercise of jurisdiction
over you by those courts and to venue in those courts.
Arbitration
At
the Company’s sole discretion, it may require you to submit any
disputes arising from this agreement or the use of the Website,
including disputes arising from or concerning the interpretation,
violation, invalidity, nonperformance, or termination of this
agreement, to final and binding arbitration under the Canadian
Arbitration Act, applying BC law.
Class Action
Waiver
All claims arising out of or relating to this
agreement or the Website must be brought in the parties’
individual capacity, and not as a plaintiff or class member in any
purported class or representative proceeding, and, unless the
Company agrees otherwise, the arbitrator must not consolidate more
than one person’s claims.
Limitation on Time to File
Claims
Any cause of action or claim you may have arising out
of or relating to this agreement or the Website must be commenced
within one year after the cause of action accrues, otherwise, that
cause of action or claim is permanently barred.
Waiver
and Severability
No waiver by the Company of any term stated
in this agreement will be deemed a further or continuing waiver of
that term or a waiver of any other term, and any failure of the
Company to assert a right or provision under this agreement will
not constitute a waiver of that right or provision.
If
any provision of this agreement is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, that provision will be eliminated or
limited to the minimum extent so that the remaining provisions of
this agreement will continue in full effect.
Feedback
The
Company encourages you to give feedback about the Company or the
Website. But the Company will not treat as confidential any
suggestion or idea you give, and nothing in this agreement will
restrict the Company’s right to use, profit from, disclose,
publish, or otherwise exploit any feedback, without payment or
other consideration owed to you.