7. Reservations and Exceptions
Kickboard Canada Inc. reserves the right to change prices, terms, specifications and warranties for products on this Website and any promotional offers and any other part of this Website at any time without prior notice and without liability. Kickboard Canada Inc. attempts to post accurate information, but errors may sometimes occur. Kickboard Canada Inc. does not warrant that the Website is accurate, complete, reliable, current or error-free. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Kickboard Canada Inc. reserves the right to revoke any stated price, term or specification on this Website and to correct any errors, inaccuracies or omissions, including after an order has been submitted or accepted. If an error or inaccuracy is discovered after your order has been submitted or accepted, Kickboard Canada Inc. will inform you promptly upon its discovery at which time you may cancel or reaffirm your order at your option.
8. Applicable Law and Venue
By using this Website, you agree that the laws of the Province of Ontario shall govern these Terms and Conditions without giving effect to any conflict of laws principles and further agree to accept the exclusive jurisdiction of the courts of the Province of Ontario and that the venue for any action, suit or proceeding arising from or related to these Terms and Conditions or our products shall be Toronto, Ontario, subject to the provisions on arbitration below. You agree that the United Nations Convention on Contracts for the International Sale of Goods and any local enactment thereof (including but not limited to the International Sale of Goods Act (Ontario)) shall not apply. You agree that any claim, action, dispute, disagreement or controversy, at law or in equity, arising out of or relating to these Terms and Conditions, the Website, your use thereof, Kickboard Canada Inc. or any of the products shall, except to the extent expressly prohibited by law, be exclusively resolved by confidential, final and binding arbitration by a sole arbitrator in an arbitration pursuant to the provisions of the Arbitration Act, 1991 (Ontario). Except to the extent prohibited by law, Kickboard Canada Inc. will have no liability to you for any claim or cause of action you may have arising from, connected with, or relating to these Terms and Conditions, this Website, your use thereof, or any related matters for which you give us notice more than six (6) months after the claim or cause of action arises.
9. Modifications and Waivers
Kickboard Canada Inc. reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
Your personal information will not be sold to or shared with any other third parties for their commercial use without your consent. However, we may share some or all of your personal information with third parties who perform functions on our behalf, such as, without limitation, delivery services, information technology service providers and credit card processing services. Under their agreements with Kickboard Canada Inc., these third parties have access only to the extent necessary to perform their functions for us and are not permitted to use it for other purposes. Subject to legal and contractual requirements, you can refuse to consent to our collection, use or disclosure of your personal information by contacting our customer support. You may also withdraw your consent to any further collection, use or disclosure of information about you at any time by giving us reasonable notice and subject to legal and contractual requirements. Any such refusal to or withdrawal of consent may affect the information, products and services we can provide to you.
11. Permitted Use of Website
Subject to the terms and conditions hereof, Kickboard Canada Inc. grants you a limited license to use the Website solely as reasonably required for you to personally evaluate our products and to make a decision to purchase or not to purchase such products through the Website. Permitted use includes electronically copying and printing portions of this Website for such purposes, provided you do not modify any of those portions and you do not remove or alter any trademarks or other identification, marks, notices or disclaimers found therein.Except as expressly permitted under these Terms and Conditions, any use of this Website including any commercial use, reproduction for purposes other than those described above, or any modification, distribution, republication, display, transmission or performance without our prior written permission is strictly prohibited and, without limiting the generality of the foregoing, you agree not to, without our prior written consent:- Use the Website in any manner or for any purpose not expressly permitted by this Agreement including, without limitation: (i) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Website not intended to be so read; (ii) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the Website (including any trademarks) in any form or by any means; (iii) selling, reselling or making any commercial use of the Website or access thereto; (iv) collecting or using of any product listings or descriptions; (v) creating any derivative works of the Website; or (vi) using any data mining, robots, bots, spiders, automated tools or other data gathering and extraction methods, directly or indirectly, on the Website or to collect any information from the Website or any other user of the Website; - Upload to, distribute, transmit or otherwise publish to or through this Website any message, information, text or other material (“Content”) that: (i) is or is likely to be construed as unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (ii) would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (iii) may infringe any patent, trademark, trade secret, copyright, or other intellectual, moral, proprietary, publicity, contractual or other right of any party, and by posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; (iv) may be harmful or deleterious, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; (v) includes charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited email, including commercial e-mail or “spam,” (regardless of whether the email itself complies with the requirements of federal, provincial or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; or (vi) contains any error, deficiency, omission, misstatement or misrepresentation; - Use another person’s account, password or other information without that person’s prior written authorization and prior written notification to us, create or use a false identity on the Website or impersonate any person or entity or otherwise misrepresent your identity, status, qualifications or affiliations; or - Use the Website for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation or the rights of any third party or in a manner that could damage, disable, overburden, or otherwise interfere with the normal operation of this Website, including any other person’s use or enjoyment of this site.
If you register on the Website or submit an order to purchase products, you agree that any information you provide to us will be current, true, accurate and complete, and further agree to update such information in respect of any changes the next time you use the Website following such changes.
You are granted a limited, non-exclusive right to create a hypertext link to this Website, provided such link does not portray us or any of our products or services in a false, misleading, derogatory, unflattering or defamatory manner. This limited right may be revoked at any time. This Website may from time to time include links to, other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites may be independent from us, and we do not have responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Your use of Other Sites and your dealings with the owners or operators of Other Sites are at your own risk, and you shall not make any claim against us arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. We make no claim, representation or warranty regarding, do not endorse, and accept no responsibility for, the quality, content, nature, reliability, products, information, or services of Other Sites, or web sites linking to this Website.
14. Limitations of Liability
Subject to applicable law and without limiting the generality of the foregoing, the total liability of Kickboard Canada Inc. for any cause of action whatsoever arising from or related to these Terms and Conditions, this Website, Kickboard Canada Inc., or the products offered on this Website shall be limited to direct damages in an amount not to exceed: (a) in respect of any particular claim, the amount paid to Kickboard Canada Inc. for the purchase of products or provision of service related to the claim, if any; and (b) in aggregate and in respect of all claims, the amount paid to Kickboard Canada Inc. for the purchase of products through this Website in the one-year period immediately preceding the claim, provided further that Kickboard Canada Inc. shall have no liability whatsoever arising from or related to the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Kickboard Canada Inc. records, programs or services or any use or misuse of any product you.You agree that under no circumstances shall Kickboard Canada Inc. or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Kickboard Canada Inc. records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence or other tort. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.Subject to applicable law, the disclaimers, limitations and exclusions set forth in these terms and conditions shall apply irrespective of the cause of action or nature of the claim, whether in contract (including but not limited to warranty claims, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), tort (including but not limited to negligence), product liability, strict liability, or any other theory of law or equity, arising from or related to these Terms and Conditions, this Website, Kickboard Canada Inc., or the products offered on this Website, even if Kickboard Canada Inc. is aware of or has been advised of the possibility of such loss or damage.You agree that all exclusions and limitations of liability in these Terms and Conditions apply to any claims against Kickboard Canada Inc. as well as its related parties.
15. Proprietary Rights
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by Canadian and international copyrights, trademarks, patent or other proprietary rights. All Content is copyrighted under applicable law and Kickboard Canada Inc. owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of all Content.
When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Kickboard Canada Inc.'s products through your computer or using your access information. In the event that the confidentiality of your access information is compromised, or you suspect such confidentiality is compromised, in any manner, you will notify us immediately. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Website and your personal information.
17. Excusable Non-Performance
If the performance of any of these Terms and Conditions or any obligation hereunder by Kickboard Canada Inc. is prevented, restricted, delayed or interfered with by reason of: (a) fire, flood, earthquake, explosion or other casualty or accident or act of God; (b) strikes, labour disputes, embargoes or transportation delays; (c) war, terrorism, riots, civil disorder or other violence; (d) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (e) delay or non-performance of suppliers or carriers; (f) lack of or inability to procure supplies, materials or services; or (f) any other cause beyond its reasonable control, it shall be excused from such performance to the extent of such prevention...