PLEASE READ CAREFULLY.
BY ACCESSING THE SITE, YOU ARE INDICATING THAT YOU CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THE SITE.
You represent and warrant that: (i) you have the capacity to enter into a legal agreement in the province, state or country in which you reside; and (ii) your use of the Site will not violate any applicable law or regulation in the province, state or country in which you reside. Uvalux does not knowingly make the Site or the services thereon available to anyone under the age of 13 without express parental consent. If you are under age 13, please do not attempt to access the Site or provide any personal information about yourself to us without express consent from a parent or guardian.
Uvalux may allow you to register an account on the Site (the “Account”) in order to purchase products and receive information from Uvalux. You may not transfer or share this account with anyone and are liable for all uses of the Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other proprietary interest in the Account and you further hereby acknowledge that all rights in and to the Account are owned by Uvalux. Uvalux reserves the right, in its sole discretion, to refuse service, cancel orders and terminate your Account.
3. PROHIBITED CONTENT
You expressly agree to refrain from doing, either personally or through an agent, any of the following:
i. Using any device or other means to harvest information about other users;
ii. Transmitting, installing, uploading or otherwise transferring any virus or other item or process to the Site that in any way affects the use and enjoyment of, and/or access to the Site;
iii. Transmitting, installing, uploading or otherwise transferring any virus or other item to the Site that in any way affects the use and enjoyment of, and/or access to the Site;
iv. Transmitting, installing, uploading or otherwise transferring to the Site any unauthorized advertisement or communication; or
v. Attempting to access, or accessing, the personal information of another user which is stored on the Site.
4. INTELLECTUAL PROPERTY – OWNERSHIP
All contents on the Site (with the exception of content provided by Uvalux’s third party content providers) are owned by Uvalux and protected by applicable intellectual property and other laws, including but not limited to copyright and trade-marks of Uvalux. You will not use such proprietary information or materials in any way whatsoever except for use of the Site in compliance with the terms of this Agreement. No portion of the Site may be reproduced in any form or by any means, unless expressly permitted hereunder. You agree not to alter, modify, adapt, create derivative works, translate, deface, decompile, disassemble, or reverse engineer any aspect of the Site. Any third party content appearing on the Site, including but not limited to third party copyright and trade-marks, is the property of the respective third party owner. You are not permitted to use any of this third party content without permission of the respective owner.
5. DISCLAIMER REGARDING PRODUCTS AND PRODUCT INFORMATION
Uvalux does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any product information available on the Site. Uvalux is not responsible for the content of any linked pages, or any other sites linked to the Site and Uvalux assumes no liability or responsibility arising from the contents of any off-site pages or sites. The information provided by Uvalux on the Site is for educational purposes only and in summary form intended to provide general consumer understanding and knowledge of the products contained thereon and Uvalux shall not be liable to you or anyone else for any action or decision taken in reliance upon the information contained in the Site. You are responsible to review and understand all package and package insert information concerning products purchased from Uvalux. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY SUCH PRODUCT.
Uvalux cannot guarantee the availability of any products described on the Site. All prices shown are exclusive of applicable taxes, duties and other applicable fees. Uvalux reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request. Uvalux does not warrant the accuracy of any specifications, pricing, warranty or other product information contained on the Site.
6. WARRANTY DISCLAIMER
THE USE OF THE SITE IS AT YOUR OWN RISK. UVALUX ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT OR YOUR USE OF THE SITE.
THE SITE AND THE CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OR CONDITIONS WHATSOEVER. UVALUX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.
WITHOUT LIMITING THE FOREGOING IN THIS SECTION, UVALUX MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE AND CONTENT THEREON WILL MEET BE ACCURATE AND/OR COMPLETE OR THAT SUCH DEFECTS WILL BE CORRECTED; NOR THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE BASIS.
UNDER NO CIRCUMSTANCES SHALL UVALUX BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SITE.
7. THIRD PARTY INFORMATION AND THIRD PARTY WEBSITES
FOR THE AVOIDANCE OF DOUBT, UVALUX MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THE SITE.
8. LIMITATION OF LIABILITY
WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL UVALUX BE LIABLE TO YOU OR ANY PERSON: (A) ON ACCOUNT OF YOUR OR THAT PERSON’S USE OR MISUSE OF OR RELIANCE ON THE CONTENT OR OTHER MATERIALS ACCESSIBLE ON OR VIA THE SITE; OR (B) FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OR IN CONNECTION WITH THE FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, MODIFICATION, AMENDMENT OR WITHDRAWAL OF THE SITE.
UVALUX WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY MAY SUFFER AS A RESULT OF THE TRANSMISSION, STORAGE OR RECEIPT OF CONFIDENTIAL, PERSONAL OR PROPRIETARY INFORMATION THAT YOU MAKE OR THAT YOU EXPRESSLY OR IMPLICITLY AUTHORIZE UVALUX TO MAKE, OR FOR ANY ERRORS OR ANY CHANGES MADE TO ANY TRANSMITTED, STORED OR RECEIVED INFORMATION.
WITHOUT LIMITING THE FOREGOING IN THIS SECTION, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF UVALUX TO YOU OR ANY OTHER PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE, THE CONTENT OR THIS AGREEMENT, WILL NOT EXCEED $5.00 CANADIAN DOLLARS.
THE LIMITATIONS SPECIFIED ABOVE SHALL APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO THE CLAIM, EVEN IF SUCH CLAIM IS BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR THIS AGREEMENT.
By using the Site, you agree to indemnify, defend and hold Uvalux and its affiliates, agents, employees, directors, officers, contractors, licensors and assigns, harmless against any actions, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by any of them in respect of your use or misuse of the Site, including without limitation infringement claims and any breach of this Agreement. Uvalux reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Uvalux in asserting any available defences.
11. LINKING TO THE SITE AND OTHER PROHIBITED ACTIVITIES
Except as expressly agreed to in writing by Uvalux, any linking to the Site from another website is strictly prohibited. You agree that you will not use, or permit anyone else to use, any robot, scraper, spider or other automated devices or means to access or use the Site for any purpose without the prior express written consent of Uvalux. You agree that you will not: (i) interfere or attempt to interfere with the proper working of the Site; (ii) bypass any measures used to prevent or restrict access to the Site; or (ii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to run and maintain the Site.
12. TERM AND TERMINATION
This Agreement will continue in effect for as long as you use the Site, unless specifically terminated earlier by Uvalux or you. You may terminate this Agreement by instructing Uvalux to disable your Account. Upon the termination of this Agreement, you will stop using the Site.
13. VIOLATIONS OF THIS AGREEMENT
Should you violate these terms and conditions or any other rights of Uvalux, Uvalux reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site.
Uvalux reserves the right, in its sole discretion, to change, modify or otherwise alter this Agreement from time to time, for any reason. When such changes occur Uvalux will post the updated version of the Agreement on the Site together with the date on which it was revised. Such changes shall become effective immediately upon posting. Please review the terms and conditions periodically. If you do not agree to be bound by (or cannot comply with) the Agreement as amended, your only remedy is to cancel your Account and to cease using the Site. Your continued use of the Site following the posting of changes to this Agreement constitutes your acceptance of those changes. All other terms of this Agreement will continue in effect.
15. GOVERNING LAW
The Site is controlled by Uvalux. By accessing the Site, you agree that any legal matter that may arise relating to or in connection with your use of the Site, or this Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws principles. You agree to attorn to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, this Agreement or your use of the Site.
This Agreement (as amended from time to time), and any other legal notices on the Site, constitute the entire agreement between you and Uvalux with respect to the use of the Site.
If a court of competent jurisdiction deems any provision of this Agreement unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Uvalux may assign this Agreement, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under this Agreement, either in whole or in part, without the prior written consent of Uvalux.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
You agree to waive any right you may have to a trial by jury, or commence or participate in any class action against Uvalux related to the Site or the Agreement.
This Agreement will enure to the benefit of and be binding upon the parties to this Agreement and their respective successors, heirs and permitted assigns.
No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
The parties confirm that it is their wish that this Agreement as well as all other documents relating to this Agreement, including notices, be drawn up in English only.
No provision of this Agreement will be interpreted against any party merely because that party or its legal representative drafted the provision.
Those sections which by their nature should survive the termination of this Agreement will survive termination, including but not limited to the following sections: 3, 4, 5, 6, 7, 8, 9, and 12, 13, 14, 15 and 16.
17. CONTACT INFORMATION
If you have any questions regarding this Agreement, please contact: firstname.lastname@example.org