Terms of Service
Terms of Service
1.1 Acceptance of Terms and Conditions of Use
By using the Website, You represent and warrant that You are the legal age of majority under applicable law to form a binding contract with the Company.
1.2 Amendment of Terms of Service
2.YOUR USE OF AND CONDUCT ON THE WEBSITE
2.1 Nature of Use
- (a) violate or promote the violation of any government-imposed restriction or rule or of any third-party’s rights;
- (b) impersonate any person or entity, misrepresent Your affiliation with a person or entity, or do any other thing or act that brings the Company, any other user of the Website, or any third-party into disrepute or causes liability for the Company;
- (c) distribute viruses, malware, or any other technologies that are malicious or that may harm the Company, the Website, other users of the Website, the Company’s affiliates, or any third-party, or in any other way interfere or attempt to interfere with the proper working of the Website;
- (e) harvest or otherwise collect, use, or disclose (including through the use of any robot, spider, or other automatic device, process, or means) content on the Website or personal information about any other user or users of the Website for any purpose.
You further represent and warrant with respect to any account that You may make on or through the Website that:
- (w) all the information You provide on or through the Website is correct, current, and complete;
- (x) any username, password, or any other piece of information chosen by You, or provided to You as part of the Company’s security procedures, if any, will be treated as confidential by You and will not be disclosed to any other person or entity;
- (y) You will notify the Company immediately of any unauthorized access to or use of Your username or password, if applicable, or any other breach of security; and
- (z) You will not transfer Your account, if any, to another person without the prior written consent of the Company
2.2 User Generated Content
User Generated Content may be removed, hidden, edited, or otherwise altered at the sole discretion of the Company for any or no reason, with or without notice, and at any time. However, the Company has no obligation, nor any responsibility to any party to monitor the Website or its use, and does not and cannot undertake to review User Generated Content. The Company cannot ensure prompt removal of objectionable material, including User Generated Content, and the Company has no liability for any action or inaction regarding transmissions, communications, or content, including User Generated Content, provided by any user of the Website or third-party, subject to applicable laws.
The discretion of the Company will be informed, but not limited by, the following guidelines for inappropriate User Generated Content. User Generated Content may be deemed inappropriate by the Company if it contains, depicts, includes, discusses, encourages, or involves, without limitation:
- (a) material or conduct that is illegal, exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other such legally prohibited ground;
- (b) any false, inaccurate, or misleading information, or the impersonation or attempted impersonation of the Company, an employee of the Company, another user of the Website, or any other person or entity;
- (c) conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company in its sole discretion, may harm the Company or users of the Website, or expose either to liability;
- (d) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; or
- (e) material or conduct that is otherwise objectionable, as determined by the Company at its sole discretion.
By submitting, posting, publishing, displaying, or otherwise transmitting any User Generated Content on or through the Website, You agree to grant the Company, its successors, and assigns, and the Company’s affiliates and service providers as necessary, a worldwide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, copy, and otherwise disclose for any purpose any User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Website. You waive all moral rights in any such User Generated Content.
2.3 Ordering and Purchases
By selecting a product, quantity, colour, and/or any other features required to be selected by You, providing Your provided method of payment, and completing the steps required of You during the check-out process, You can place an order for a product on the Website. You may receive an email confirming that such order has been received by the Company, however: (a) any such order confirmation provided to You by the Company does not constitute an acceptance of Your order; and (b) the Company reserves the right, at its sole discretion, to accept or reject any order prior to shipment of that order. Without limiting the foregoing sentence, the Company may reject all or a portion of Your order because of the unavailability of the ordered product or products for purchase, errors in product pricing information, or a product recall for one or all of the products You ordered. Shipment and processing of payment for each product in Your order will constitute the Company’s acceptance of that portion of Your order.
The Company does not represent or warrant that any products description, image, or other such content on the Website is accurate, complete, reliable, or current. If You deem that a product You purchased on the Website is not as described on the Website, Your sole recourse is to return that product to the Company for a refund. Please direct such return inquiries to email@example.com. To extent legally permissible, the only warranties and conditions provided to You with respect to any particular product are those warranties and conditions described on the Website.
By placing an order for a product or products on the Website, and specifically by confirming your order at the conclusion of the check-out process, You agree to pay the Company the total amount set-out at the time You confirm Your order. All prices quoted on the Website, including the prices for products and shipping, are in Canadian dollars unless otherwise explicitly stated. Your provided method of payment will be charged for Your order or for each product in Your order as each portion of Your order is accepted by the Company and shipped. The Company reserve the right to reject Your order where the price of an ordered product has changed or was mis-stated on the Website; You may be provided an opportunity to accept such price change and continue with Your order.
All information provided by You to the Company during the check-out process must be truthful, accurate, and complete for the purposes for which such information was requested. By providing payment information to the Company, You represent and warrant that You are the authorized owner of such payment method.
The Company may use third-party carriers to ship and deliver the products You order and the Company is not responsible for any loss or damage to any such products after the Company has delivered the products to a third-party carrier. Products You order may be shipped in one or multiple packages. Shipping costs provided to You during the check-out process are estimates only and are realized by the Company at the time of shipping. You agree to pay all shipping costs unless otherwise stated by the Company at the time of Your order, including without limitation any increase in the price of shipping or any duties or other such taxes.
The Company will respect any certain legal rights You have with respect to Your order under applicable consumer protection laws. For information on the Company’s exchange and returns policy firstname.lastname@example.org.
3.MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4.INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Website and all the content of the Website (including without limitation all information, reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company names, trademarks, logos, trade names, any other intellectual property contained on the Website but excluding User Generated Content), the manner in which such content is presented or appears and all information relating thereto, and the Website’s features and functionality (collectively, the “Website IP”) are owned by the Company, its licensors, or other providers of such Website IP, and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights.
The Company grants You a personal, revocable, non-transferable, and non-exclusive license to access and read the Website IP.
You agree that, except as explicitly authorized by the Company, You will not:
- (a) distribute the Website IP for any purpose, including without limitation by compiling an internal database, or by redistributing or reproducing the Website IP by the press or media or through any commercial network, cable, or satellite system;
- (b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Website IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or
- (c) allow any third-party to access the Website IP.
5.ENFORCEMENT, SUSPENSION, AND TERMINATION
The Company may in its sole discretion for any or no reason, with or without notice, and at any time:
- (b) limit, suspend, or terminate Your access to or use of the Website;
- c) take technical and legal steps to prevent You from accessing or using the Website; or
- (d) remove or otherwise modify any User Generated Content.
6.ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8.DISCLAIMER OF WARRENTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall dmessengr inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The Company cannot and does not guarantee or warrant that files or data available for downloading on, through, or as a result of the Website will be free of viruses or other destructive code. You are solely and entirely responsible for Your use of the Website and Your computer, Internet, and data security. To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials 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 found or attained on, through, or as a result of the Website or to Your downloading of any material posted on or through the Website, or on any website linked to the Website.
8.2 Third-Party Sites
The Website or content on the Website may contain links to third-party sites. The Company does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion, advice, or statements contained at such sites, and makes no representations about any such websites that may be accessed from the Website or from any content on the Website. Where You access such sites, You acknowledge and agree You are doing so at Your own risk. Your use of a third-party site may be governed by the terms and conditions of such site.
In providing links to third-party sites, the Company is in no way acting as a publisher or disseminator of any material contained on those sites and does not and does not seek to monitor or control such sites.
A link to a third-party site does not mean and should not be construed to mean that the Company is affiliated or associated with such third-party in any way. The Company does not recommend or endorse any material found on such third-party sites. The mention of another party or its product or service on the Website or in any content on the Website is not and should not be construed as an endorsement of that party or its product or service.
8.3 No Reliance
Any reliance You may place on the Website or any content available on, through, or as a result of the Website is at Your own risk. Any content provided by the Company on, through, or as a result of the Website is provided for general information purposes only and to inform You about the Company and the Company’s products, news, features, services, and other websites. Such content does not constitute technical, financial, or legal advice, or any other type of advice, and should not be relied on for any purpose. You agree to apply Your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Website or any content on the Website, including User Generated Content, including without limitation the use of the Website or any content on the Website, including User Generated Content, as the basis for any conclusions.
8.4 Force Majeure
If You have a dispute with one or more other users of the Website, You release the Company, its affiliates, and licensors (and its and their directors, officers, employees, agents, and subsidiaries) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
11.1 No Agency
11.2 Governing Law, Jurisdiction, and Attornment
You agree to waive any right You may have to a trial by jury or to commence or participate in any class action against the Company related to the Website or any content on the Website, including User Generated Content, or these Terms of Service.
11.5 Entire Agreement
The website is operated by dmessengr inc.
You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with the Company or have purchased a product or service from the Company, the Company will send You information and documents to the e-mail address in Your account profile on the Website or provided in the course of purchasing such product or service. You will send information and documents to the Company by email to email@example.com.
12.CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.