Terms References
IMPORTANT!
YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS NOW. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOU SIGNING AND ACCEPTING THIS AGREEMENT AND INDICATES YOUR ACCEPTANCE OF APPLICABLE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IN ADDITION, IF YOU PLAN TO USE THE ON-LINE
ORDER SYSTEM AND RELATED AREAS OF THIS WEBSITE YOU MUST FOLLOW THE STEPS AS DESCRIBED HEREIN.
Read all terms and conditions of this agreement (the “Agreement”) before using or accessing our Web site (the “Site”). You and your organization, as the case may be, (“you”) agree to the following terms and conditions, as modified or amended by Ability Concepts Inc. from time to time. Each time you access the Site, you re-confirm your acceptance of this Agreement. If you do not agree to these terms and conditions, you may not access the Site. The Agreement shall be effective from the day you access the Site or the day you initially use your user ID and password to access the Site and shall continue in effect until such time that the Agreement is terminated in accordance with the terms and conditions contained herein.
1. Ownership and Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, products, services, product names, company names, trade-marks, logos and trade names contained on this Site (collectively referred to as the "Content") including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Ability Concepts Inc. or its licensors, as the case may be. The Content contained on and in the Site, including, but not limited to, content, text, graphics, and the selection, arrangement and compilation contained thereof are Copyright © Ability Concepts Inc., 2014, ALL RIGHTS RESERVED. Certain names, domain names, logos, designs, titles, words or phrases, whether registered (®) or unregistered (tm), are trade-marks of Ability Concepts Inc. or have been licensed, explicitly or implied, to Ability Concepts Inc. for use on the Site. The display of the trade-marks on the Site does not convey, create or grant any license or privilege of any kind whatsoever to you. Unauthorized use or exploitation of any of the trademarks displayed on the Site is strictly prohibited.
2. Restrictions on Use
The Site is available only for your personal use. You agree not to: (a) distribute the Content for any purpose including without limitation compiling an internal database, redistributing or eproduction of the Content by the press or media or through any communication system, network, cable or satellite system; or (b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Ability Concepts Inc. or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
3. Security
You must enter a valid user ID and password to use the on-line ordering system. It is your sole responsibility to monitor use of these access codes for all purposes, including, but not limited to ordering. You accept all responsibility arising from the use and security of your user ID, password and your access to the on-line order system. This includes unauthorized access by your employees or any third parties. You agree that it is your responsibility to notify Ability Concepts Inc. immediately if you wish to terminate your user ID and password or if you need these access codes reissued. Do not disclose your access codes to anyone not authorized to act on your behalf as you accept all responsibility, including, without limitation, any obligations, responsibilities and/or liabilities arising out of any unauthorized use of your user ID and password.
4. Order Validity
You accept all orders made using your user ID and password and you agree not to contest the validity of enforce ability of such orders placed via the Site. All orders placed using your user ID and password shall, for all purposes, be deemed to be in writing and signed by you and will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form.
5. Terms and Conditions of Sale
Unless otherwise stated in an express written agreement signed by an authorized officer of Ability Concepts Inc., the terms and conditions contained on Ability Concepts Inc. written invoices, the catalog, and the terms and conditions contained herein, as amended from time to time, shall apply to all transactions involving you. PRICES AND AVAILABILITY OF PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE AT THE DISCRETION OF ABILITY Concepts Inc. Ability Concepts Inc. also reserves the right to limit and change styles, Colors and quantities of products available through the on-line order system.
6. Privacy Policy
Ability Concepts Inc. respects and protects the privacy and security of every individual or legal entity that it deals with. Ability Concepts Inc. will: (a) Only collect personal information and data in order to maintain a high level of customer service to you. It will do so by, but is not limited to, offering special offers and discounts, products that are suitable for its customers, and provide other services that is suitable for its customers. (b) Protect identifiable personal information including, but not limited to, credit card information, addresses, phone numbers, and email addresses with proper, industry-proven computer and business security & encryption methods and software; secured internet transaction methods; and appropriate software and hardware. That being said, ABILITY Concepts Inc. CANNOT ACCEPT ANY LIABILITY WHATSOEVER THAT ARISES FROM THIRD PARTY SECURITY AND PRIVACY BREACHES AND YOU AGREE TO THIS LIMITATION OF LIABILITY VOLUNTARILY. Ability Concepts Inc. will NOT:
(a) Sell, share, trade, refer or permit use of your personal data and information with any third party unless we first receive your consent, permission or request.
(b) Attempt to solicit more information than it requires serving you better.
(c) Release any personal information unless required by law to do so subject to the provision of your name and delivery addresses to a trusted shipping or fulfillment company if you have asked us to send something to you.
Links
Ability Concepts Inc. Site contains many external links to third party websites. These links are provided for convenience and advertising purposes only. Ability Concepts Inc. is not responsible for the privacy practices of these third parties.
Email
Email over the Internet is not secure. EMAIL PRIVACY CANNOT AND WILL NOT BE ASSURED OR GUARANTEED. Email and its contents are subject to the user’s own risk. Ability Concepts Inc. will not assure privacy through email use and, accordingly, cannot assume any responsibility for harm or damages that occur or that are experienced through the use of email by yourself or by Ability Concepts Inc. When replying to your email. BY ACCESSING THIS WEBSITE AND ENTERING INTO THIS AGREEMENT YOU CERTIFY THAT ALL PERSONAL INFORMATION AS PROVIDED BY YOU IN THE ONLINE USER AGREEMENT IS TRUE, ACCURATE AND COMPLETE IN ALL RESPECTS. If you have any further questions, please contact us directly.
7. Limits on Accuracy
The Site was developed as a service by Ability Concepts Inc. to provide information about its products and services. Information is believed to be accurate at the time it is created. However, like any printed material, information may become outdated over time. Information on the Site may contain technical inaccuracies or typographical errors. In the event a product is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, Ability Concepts Inc. have the right to refuse or cancel any orders placed for product listed at the incorrect price. Ability Concepts Inc. will use reasonable efforts to include accurate and up-to date information on the Site, but Ability Concepts Inc. makes no warranties or representations as to its accuracy. YOU AGREE THAT ALL ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. Nothing contained on the Site is to be construed as medical, legal, investment, financial, or other advice. You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
8. Modification of Information
Information on the Site may be changed, improved, or updated without notice at the sole and unfettered discretion of Ability Concepts Inc. Any amendments or modification shall be provided to you through on-line notice and/or any other means Ability Concepts Inc. deems, in its sole discretion, necessary. You agree that any access or use of the Site by you after you have, or should have received, notice of any modifications or amendments shall constitute acceptance of all such modifications or amendments.
9. Termination of the Agreement
Ability Concepts Inc. may in its sole and unfettered discretion elect to terminate all or any part of this Agreement or any or all of the functionality available through the Site, including, without limitation, modification or termination of the ability to place orders or make inquiries at any time in the future. You agree on termination of this Agreement to immediately cease accessing or using the Site. The Content may contain confidential information of Ability Concepts Inc. Any such termination by the Ability Concepts Inc. shall be in addition to and without prejudice to such rights and remedies as may be available to the Ability Concepts Inc., including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
10. Third Party Links
This Site may contain links to other sites. Ability Concepts Inc. does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, Ability Concepts Inc. is in no way acting as a publisher of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Ability Concepts Inc. is affiliated or associated with same. Ability Concepts Inc. DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER SITES. The mention of another party or its product or service on this Site should not be construed as an endorsement of that party or its product or service.
11. Limitations on Liability and Disclaimers
Ability Concepts Inc. shall use appropriate security technologies at accepted industry standards as Ability Concepts Inc.. deems necessary to protect you and itself. DUE TO THE NATURE OF THE INTERNET, ABILITY Concepts Inc.. CANNOT GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK AND Ability Concepts Inc. ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION, WHETHER PERSONAL OR OTHERWISE BY OTHERS. Ability Concepts Inc. shall not be responsible for any damages you or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize Ability Concepts Inc. to make, or for any errors or any changes made to any transmitted, stored or received information. This Site and its Content are not to be construed as a form of promotion for an offer to sell any product or service. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.
EXCEPT AS PROVIDED FOR HEREIN, THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THIS SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED PROFESSIONAL TO MEET YOUR SPECIFIC NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL. EXCEPT AS PROVIDED FOR HEREIN, ABILITY Concepts Inc. ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. ABILITY Concepts Inc. IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. Ability Concepts Inc. DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE. ACCESSING THE CONTENT FROM TERRITORIES OR JURISDICTIONS WHERE IT MAY BE ILLEGAL IS PROHIBITED. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS SITE OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
ABILITY Concepts Inc. DISCLAIMS ANY LIABILITY FOR THE UNAUTHORIZED USE OF ANY PRODUCT PURCHASED THROUGH THE ON-LINE ORDER SYSTEM. IN NO EVENT WILL ABILITY Concepts Inc., IT’S AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF ABILITY CONCEPTS INC. OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL ABILITY Concepts Inc., IT’S AFFILIATES', AGENTS', LICENSORS', SUPPLIERS', AND THEIR RESPECTIVE DIRECTORS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS SITE, IN THE MONTH IN WHICH THE CLAIM AROSE.
12. Indemnity
You agree at all times to indemnify, defend and hold harmless Ability Concepts Inc, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Ability Concepts Inc. directly or indirectly in respect of:
(a) Any information or other content you provide on or through this Site or which are sent to Ability Concepts Inc. by through e-mail or other correspondence; or
(b) Your use or misuse of the Content or this Site or any products or services purchased from Ability Concepts Inc., including without limitation any infringement claims.
13. Interpretation
The division of this Agreement into sections and the insertion of specific headings are for ease of reference only and shall not effect the interpretation of the Agreement. In this Agreement and other related written agreements between the parties, the singular includes the plural and the masculine includes the feminine and neutral and vice versa unless the context requires otherwise.
14. Currency
Unless otherwise indicated, all dollar amounts referred to in this Agreement are in Canadian funds.
15. Taxes
Ability Concepts Inc.. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made through the on-line order system. You agree to take full responsibility for all taxes, customs, and freight charges and other fees of any nature associated with any such product sold over the on-line system.
16. Entire Agreement
This Agreement contains the entire Agreement between the parties as pertaining to the subject matter of these terms and conditions, and supersedes all prior agreements, understandings, representations, negotiations, discussion, whether oral or written, of the parties. There are no warranties, representations or other agreements between the parties in connection with the subject-matter of this Agreement except as specifically set forth in this Agreement.
17. Severability
If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. The Agreement shall thereafter be construed as if such invalid, illegal or unenforceable provision were omitted.
18. Force Majeure
Ability Concepts Inc. shall have no obligation to provide services to the extent and for the period that Ability Concepts Inc. is prevented from so doing by reason of any cause beyond its reasonable control, including without limitation the inability to use or the failure of any third-party telecommunications carrier or other services. While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you agree to take reasonable and appropriate precautions to scan for computer viruses and other disabling code or programs.
19. Assignment
This Agreement and any rights or obligations arising out of this Agreement may not be assigned, subcontracted or delegated, in whole or in part by you. 20. Independent Contractors Nothing in this Agreement is intended to constitute a partnership between any of the parties.
21. Governing Law
This Site is operated by Ability Concepts Inc. from its offices within the Province of Ontario. The laws of the Province of Ontario and the applicable Laws of Canada therein shall govern the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws provision of your domicile. You hereby agree that the Courts of the Province of Ontario have exclusive jurisdiction with respect to any claim, action or dispute under this Agreement.
22. Territorial Restriction
The Site can be accessed from Canada and other countries around the world. You understand that some or all products and services provided on the Site may not be available for purchase or licensing to persons or entitles residing in certain jurisdictions or geographical areas. Ability Concepts Inc. reserves the unfettered right to limit the provision of any product or service to a person or entity residing in any jurisdiction or geographical area.
23. Language
The parties to this Agreement have required that this Agreement and all deeds, documents and notices relating to this Agreement are written in the English language. Les parties aux présentes ont exigé que le présent contrat et tous autres contrats, documents ou avis afférents aux présentes soient rédigés en langue anglaise.
24. Enurement
This Agreement shall enure to the benefit of and be binding upon the parties hereto and each party’s respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it and having the authority to accept this Agreement.
ORDER SYSTEM AND RELATED AREAS OF THIS WEBSITE YOU MUST FOLLOW THE STEPS AS DESCRIBED HEREIN.
Read all terms and conditions of this agreement (the “Agreement”) before using or accessing our Web site (the “Site”). You and your organization, as the case may be, (“you”) agree to the following terms and conditions, as modified or amended by Ability Concepts Inc. from time to time. Each time you access the Site, you re-confirm your acceptance of this Agreement. If you do not agree to these terms and conditions, you may not access the Site. The Agreement shall be effective from the day you access the Site or the day you initially use your user ID and password to access the Site and shall continue in effect until such time that the Agreement is terminated in accordance with the terms and conditions contained herein.
1. Ownership and Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, products, services, product names, company names, trade-marks, logos and trade names contained on this Site (collectively referred to as the "Content") including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Ability Concepts Inc. or its licensors, as the case may be. The Content contained on and in the Site, including, but not limited to, content, text, graphics, and the selection, arrangement and compilation contained thereof are Copyright © Ability Concepts Inc., 2014, ALL RIGHTS RESERVED. Certain names, domain names, logos, designs, titles, words or phrases, whether registered (®) or unregistered (tm), are trade-marks of Ability Concepts Inc. or have been licensed, explicitly or implied, to Ability Concepts Inc. for use on the Site. The display of the trade-marks on the Site does not convey, create or grant any license or privilege of any kind whatsoever to you. Unauthorized use or exploitation of any of the trademarks displayed on the Site is strictly prohibited.
2. Restrictions on Use
The Site is available only for your personal use. You agree not to: (a) distribute the Content for any purpose including without limitation compiling an internal database, redistributing or eproduction of the Content by the press or media or through any communication system, network, cable or satellite system; or (b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Ability Concepts Inc. or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
3. Security
You must enter a valid user ID and password to use the on-line ordering system. It is your sole responsibility to monitor use of these access codes for all purposes, including, but not limited to ordering. You accept all responsibility arising from the use and security of your user ID, password and your access to the on-line order system. This includes unauthorized access by your employees or any third parties. You agree that it is your responsibility to notify Ability Concepts Inc. immediately if you wish to terminate your user ID and password or if you need these access codes reissued. Do not disclose your access codes to anyone not authorized to act on your behalf as you accept all responsibility, including, without limitation, any obligations, responsibilities and/or liabilities arising out of any unauthorized use of your user ID and password.
4. Order Validity
You accept all orders made using your user ID and password and you agree not to contest the validity of enforce ability of such orders placed via the Site. All orders placed using your user ID and password shall, for all purposes, be deemed to be in writing and signed by you and will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form.
5. Terms and Conditions of Sale
Unless otherwise stated in an express written agreement signed by an authorized officer of Ability Concepts Inc., the terms and conditions contained on Ability Concepts Inc. written invoices, the catalog, and the terms and conditions contained herein, as amended from time to time, shall apply to all transactions involving you. PRICES AND AVAILABILITY OF PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE AT THE DISCRETION OF ABILITY Concepts Inc. Ability Concepts Inc. also reserves the right to limit and change styles, Colors and quantities of products available through the on-line order system.
6. Privacy Policy
Ability Concepts Inc. respects and protects the privacy and security of every individual or legal entity that it deals with. Ability Concepts Inc. will: (a) Only collect personal information and data in order to maintain a high level of customer service to you. It will do so by, but is not limited to, offering special offers and discounts, products that are suitable for its customers, and provide other services that is suitable for its customers. (b) Protect identifiable personal information including, but not limited to, credit card information, addresses, phone numbers, and email addresses with proper, industry-proven computer and business security & encryption methods and software; secured internet transaction methods; and appropriate software and hardware. That being said, ABILITY Concepts Inc. CANNOT ACCEPT ANY LIABILITY WHATSOEVER THAT ARISES FROM THIRD PARTY SECURITY AND PRIVACY BREACHES AND YOU AGREE TO THIS LIMITATION OF LIABILITY VOLUNTARILY. Ability Concepts Inc. will NOT:
(a) Sell, share, trade, refer or permit use of your personal data and information with any third party unless we first receive your consent, permission or request.
(b) Attempt to solicit more information than it requires serving you better.
(c) Release any personal information unless required by law to do so subject to the provision of your name and delivery addresses to a trusted shipping or fulfillment company if you have asked us to send something to you.
Links
Ability Concepts Inc. Site contains many external links to third party websites. These links are provided for convenience and advertising purposes only. Ability Concepts Inc. is not responsible for the privacy practices of these third parties.
Email over the Internet is not secure. EMAIL PRIVACY CANNOT AND WILL NOT BE ASSURED OR GUARANTEED. Email and its contents are subject to the user’s own risk. Ability Concepts Inc. will not assure privacy through email use and, accordingly, cannot assume any responsibility for harm or damages that occur or that are experienced through the use of email by yourself or by Ability Concepts Inc. When replying to your email. BY ACCESSING THIS WEBSITE AND ENTERING INTO THIS AGREEMENT YOU CERTIFY THAT ALL PERSONAL INFORMATION AS PROVIDED BY YOU IN THE ONLINE USER AGREEMENT IS TRUE, ACCURATE AND COMPLETE IN ALL RESPECTS. If you have any further questions, please contact us directly.
7. Limits on Accuracy
The Site was developed as a service by Ability Concepts Inc. to provide information about its products and services. Information is believed to be accurate at the time it is created. However, like any printed material, information may become outdated over time. Information on the Site may contain technical inaccuracies or typographical errors. In the event a product is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, Ability Concepts Inc. have the right to refuse or cancel any orders placed for product listed at the incorrect price. Ability Concepts Inc. will use reasonable efforts to include accurate and up-to date information on the Site, but Ability Concepts Inc. makes no warranties or representations as to its accuracy. YOU AGREE THAT ALL ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. Nothing contained on the Site is to be construed as medical, legal, investment, financial, or other advice. You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
8. Modification of Information
Information on the Site may be changed, improved, or updated without notice at the sole and unfettered discretion of Ability Concepts Inc. Any amendments or modification shall be provided to you through on-line notice and/or any other means Ability Concepts Inc. deems, in its sole discretion, necessary. You agree that any access or use of the Site by you after you have, or should have received, notice of any modifications or amendments shall constitute acceptance of all such modifications or amendments.
9. Termination of the Agreement
Ability Concepts Inc. may in its sole and unfettered discretion elect to terminate all or any part of this Agreement or any or all of the functionality available through the Site, including, without limitation, modification or termination of the ability to place orders or make inquiries at any time in the future. You agree on termination of this Agreement to immediately cease accessing or using the Site. The Content may contain confidential information of Ability Concepts Inc. Any such termination by the Ability Concepts Inc. shall be in addition to and without prejudice to such rights and remedies as may be available to the Ability Concepts Inc., including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
10. Third Party Links
This Site may contain links to other sites. Ability Concepts Inc. does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, Ability Concepts Inc. is in no way acting as a publisher of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Ability Concepts Inc. is affiliated or associated with same. Ability Concepts Inc. DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER SITES. The mention of another party or its product or service on this Site should not be construed as an endorsement of that party or its product or service.
11. Limitations on Liability and Disclaimers
Ability Concepts Inc. shall use appropriate security technologies at accepted industry standards as Ability Concepts Inc.. deems necessary to protect you and itself. DUE TO THE NATURE OF THE INTERNET, ABILITY Concepts Inc.. CANNOT GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK AND Ability Concepts Inc. ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION, WHETHER PERSONAL OR OTHERWISE BY OTHERS. Ability Concepts Inc. shall not be responsible for any damages you or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize Ability Concepts Inc. to make, or for any errors or any changes made to any transmitted, stored or received information. This Site and its Content are not to be construed as a form of promotion for an offer to sell any product or service. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.
EXCEPT AS PROVIDED FOR HEREIN, THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THIS SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED PROFESSIONAL TO MEET YOUR SPECIFIC NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL. EXCEPT AS PROVIDED FOR HEREIN, ABILITY Concepts Inc. ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. ABILITY Concepts Inc. IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. Ability Concepts Inc. DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE. ACCESSING THE CONTENT FROM TERRITORIES OR JURISDICTIONS WHERE IT MAY BE ILLEGAL IS PROHIBITED. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS SITE OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
ABILITY Concepts Inc. DISCLAIMS ANY LIABILITY FOR THE UNAUTHORIZED USE OF ANY PRODUCT PURCHASED THROUGH THE ON-LINE ORDER SYSTEM. IN NO EVENT WILL ABILITY Concepts Inc., IT’S AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF ABILITY CONCEPTS INC. OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL ABILITY Concepts Inc., IT’S AFFILIATES', AGENTS', LICENSORS', SUPPLIERS', AND THEIR RESPECTIVE DIRECTORS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS SITE, IN THE MONTH IN WHICH THE CLAIM AROSE.
12. Indemnity
You agree at all times to indemnify, defend and hold harmless Ability Concepts Inc, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Ability Concepts Inc. directly or indirectly in respect of:
(a) Any information or other content you provide on or through this Site or which are sent to Ability Concepts Inc. by through e-mail or other correspondence; or
(b) Your use or misuse of the Content or this Site or any products or services purchased from Ability Concepts Inc., including without limitation any infringement claims.
13. Interpretation
The division of this Agreement into sections and the insertion of specific headings are for ease of reference only and shall not effect the interpretation of the Agreement. In this Agreement and other related written agreements between the parties, the singular includes the plural and the masculine includes the feminine and neutral and vice versa unless the context requires otherwise.
14. Currency
Unless otherwise indicated, all dollar amounts referred to in this Agreement are in Canadian funds.
15. Taxes
Ability Concepts Inc.. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made through the on-line order system. You agree to take full responsibility for all taxes, customs, and freight charges and other fees of any nature associated with any such product sold over the on-line system.
16. Entire Agreement
This Agreement contains the entire Agreement between the parties as pertaining to the subject matter of these terms and conditions, and supersedes all prior agreements, understandings, representations, negotiations, discussion, whether oral or written, of the parties. There are no warranties, representations or other agreements between the parties in connection with the subject-matter of this Agreement except as specifically set forth in this Agreement.
17. Severability
If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. The Agreement shall thereafter be construed as if such invalid, illegal or unenforceable provision were omitted.
18. Force Majeure
Ability Concepts Inc. shall have no obligation to provide services to the extent and for the period that Ability Concepts Inc. is prevented from so doing by reason of any cause beyond its reasonable control, including without limitation the inability to use or the failure of any third-party telecommunications carrier or other services. While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you agree to take reasonable and appropriate precautions to scan for computer viruses and other disabling code or programs.
19. Assignment
This Agreement and any rights or obligations arising out of this Agreement may not be assigned, subcontracted or delegated, in whole or in part by you. 20. Independent Contractors Nothing in this Agreement is intended to constitute a partnership between any of the parties.
21. Governing Law
This Site is operated by Ability Concepts Inc. from its offices within the Province of Ontario. The laws of the Province of Ontario and the applicable Laws of Canada therein shall govern the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws provision of your domicile. You hereby agree that the Courts of the Province of Ontario have exclusive jurisdiction with respect to any claim, action or dispute under this Agreement.
22. Territorial Restriction
The Site can be accessed from Canada and other countries around the world. You understand that some or all products and services provided on the Site may not be available for purchase or licensing to persons or entitles residing in certain jurisdictions or geographical areas. Ability Concepts Inc. reserves the unfettered right to limit the provision of any product or service to a person or entity residing in any jurisdiction or geographical area.
23. Language
The parties to this Agreement have required that this Agreement and all deeds, documents and notices relating to this Agreement are written in the English language. Les parties aux présentes ont exigé que le présent contrat et tous autres contrats, documents ou avis afférents aux présentes soient rédigés en langue anglaise.
24. Enurement
This Agreement shall enure to the benefit of and be binding upon the parties hereto and each party’s respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it and having the authority to accept this Agreement.
