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Terms and
Conditions Policy
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WELCOME TO
ScarRedux.COM
(the "Site").
S.R. Innovatives Products Inc provides the content and services available on the
Site to you subject to the following terms and conditions
("Terms and Conditions"). By accessing or using the Site, you
are acknowledging that you have read, understand, and agree,
without limitation or qualification, to be bound by these Terms
and Conditions which include our Privacy Policy. These Terms and
Conditions were last updated on 10/04/2006.
1. Privacy
Please review our Privacy Policy which also
governs your visit to the Site, so that you may understand our
privacy practices.
2. Purchase
Related Policies
The products and services available on the
Site, and any samples thereof we may provide to you, are for
personal use only. You may not sell or resell any of the
products or services, or samples thereof, you purchase or
otherwise receive from us. We reserve the right, with or without
notice, to cancel or reduce the quantity of any orders that we
believe, in our sole discretion, may result in the violation of
our Terms and Conditions.
3. Accuracy
of Information
We attempt to be as accurate as possible when
describing our products on the Site; however, to the extent
permitted by applicable law, we do not warrant that the product
descriptions, colors or other content available on the Site are
accurate, complete, reliable, current, or error-free.
4.
Intellectual Property
All content available on the
Site, including but not limited to text, graphics, logos, button
icons, images, audio clips, data compilations and software, and
the compilation thereof (collectively, the "Content") is the
property of S.R. Innovatives Products Inc, our affiliates, partners or licensors,
and is protected by Canadian and international copyright laws.
The trademarks, logos, and service marks displayed on the Site
(collectively, the "Trademarks") are the registered and
unregistered marks of S.R. Innovatives Products Inc, our affiliates, partners or
licensors, in Canada and other countries, and are protected
by Canadian and international trademark laws.
Except as set forth in the limited licenses in Section 5 below,
or as required under applicable law, neither the Content or
Trademarks nor any portion of the Site may be used, reproduced,
duplicated, copied, sold, resold, accessed, modified, or
otherwise exploited, in whole or in part, for any purpose
without our prior written consent.
5.
Limited Licenses
We grant you a limited, revocable, and
non-exclusive license to access and make personal use of the
Site. This limited license does not include the right to:
-
frame or utilize framing techniques to enclose the Site
or any portion thereof;
-
modify or download the Site or Content (except caching
or as necessary to view the Site);
-
make any use of the Site or Content other than personal
use;
-
create any derivative work based upon either the Site or
Content;
-
collect account information for the benefit of yourself
or another party;
-
use any meta tags or any other "hidden text" utilizing
our name or the Trademarks or to otherwise use the
Trademarks; or
-
use software robots, spiders, crawlers, or similar data
gathering and extraction tools, or take any other action
that may impose an unreasonable burden or load on our
infrastructure.
We also grant you a limited, revocable, and nonexclusive
license to create a hyperlink to the home page of the Site
for personal, non-commercial use only. A website that links
to the Site
-
may link to, but not replicate, our Content;
-
may not imply that we are endorsing such website or its
services or products;
-
may not misrepresent its relationship with us;
-
may not contain content that could be construed as
distasteful, obscene, offensive or controversial, and
may contain only content that is lawful and appropriate
for all ages; may not portray us or our products or
services, in a false, misleading, derogatory, or
otherwise offensive or objectionable manner, or
associate us with undesirable products, services, or
opinions;
-
may not use any Trademark; and
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may not link to any page of the Site other than the home
page. We may, in our sole discretion, request that you
remove any link to the Site, and upon receipt of such
request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the
limited licenses set forth in this Section 5 without
prejudice to any other remedy provided by applicable law or
these Terms and Conditions.
6. Your
Obligations and Responsibilities
In the access or use of the Site, you shall
comply with these Terms and Conditions and the special warnings
or instructions for access or use posted on the Site. You shall
act always in accordance with the law, custom and in good faith.
You may not make any change or alteration to the Site or any
Content or services that may appear on this Site and may not
impair in any way the integrity or operation of the Site.
Without limiting the generality of any other provision of these
Terms and Conditions, if you default negligently or willfully in
any of the obligations set forth in these Terms and Conditions
(including our Privacy Policy), you shall be liable for all the
losses and damages that this may cause to S.R. Innovatives
Products Inc, our
affiliates, partners or licensors.
7. Third Party Links
We are not responsible for the content of any
off-website pages or any other websites linked to or from the
Site, including, without limitation, Links appearing on the
Site are for convenience only and are not an endorsement by us,
our affiliates or our partners of the referenced content,
product, service, or supplier. Your linking to or from any
off-website pages or other websites is at your own risk. We are
in no way responsible for examining or evaluating, and we do not
warrant the offerings of, off-website pages or any other
websites linked to or from the Site, nor do we assume any
responsibility or liability for the actions, content, products,
or services of such pages and websites, including, without
limitation, their privacy policies and terms and conditions. You
should carefully review the terms and conditions and privacy
policies of all off-website pages and other websites that you
visit.
8. Submissions
It is our policy to decline unsolicited
suggestions and ideas. Notwithstanding our policy with regard to
unsolicited suggestions and ideas, any inquiries, feedback,
suggestions, ideas or other information you provide us
(collectively, "Submissions") will be treated as non-proprietary
and non-confidential. Subject to the terms of our Privacy Policy
by transmitting or posting any Submission, you hereby grant us a
nonexclusive, royalty-free, perpetual, transferable,
irrevocable, and fully sub licensable right to use, reproduce,
modify, adapt, publish, sell, assign, translate, create
derivative works from, distribute and display any Submission in
any form, media, or technology, whether now known or hereafter
developed, alone or as part of other works. You also acknowledge
that your Submission may not be returned and we may use your
Submission, and any ideas, concepts or know how contained
therein, for any purpose including, without limitation,
developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own
or otherwise control the rights to your Submission. You further
represent and warrant that such Submission does not constitute
or contain software viruses, commercial solicitation, chain
letters, mass mailings, or any form of "spam." You may not use a
false email address, impersonate any person or entity, or
otherwise mislead us as to the origin of any Submission. You
agree to indemnify us for all claims arising from or in
connection with any claims to any rights in any Submission.
9.
Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE
SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT,
TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY
-
INTERRUPTION OF BUSINESS;
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ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE;
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DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION;
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LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF
DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON
THE SITE;
-
COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH
MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE,
INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY
WEBSITES
-
ANY INACCURACIES OR OMISSIONS IN CONTENT OR
-
EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER
IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR
MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS
($100.00 CAD).
10.
Indemnification
You agree to defend, indemnify and hold us
harmless for any loss, damages or costs, including reasonable
attorneys' fees, resulting from any third party claim, action,
or demand resulting from your use of the Site. You also agree to
indemnify us for any loss, damages, or costs, including
reasonable attorneys' fees, resulting from your use of software
robots, spiders, crawlers, or similar data gathering and
extraction tools, or any other action you take that imposes an
unreasonable burden or load on our infrastructure.
11. Disputes
With respect to any dispute regarding the
Site, all rights and obligations and all actions contemplated by
these Terms and Conditions shall be governed by the laws of
Quebec, as if the Terms and Conditions were a contract wholly
entered into and wholly performed within Quebec. Any dispute
relating in any way to your visit to the Site shall be submitted
to confidential arbitration in Quebec, except that, to the
extent you have in any manner violated or threatened to violate
our intellectual property rights or the intellectual property
rights of our affiliates, partners or licensors, we may seek
injunctive or other appropriate relief in any court and you
consent to exclusive jurisdiction and venue in any such court.
Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
12. General
You acknowledge and agree that these Terms
and Conditions, which include our Privacy Policy, constitute the
complete and exclusive agreement between us concerning your use
of the Site, and supersede and govern all prior proposals,
agreements, or other communications.
We reserve the right, in our sole discretion, to change these
Terms and Conditions at any time by posting the changes on the
Site. Any changes are effective immediately upon posting to the
Site. Your continued use of the Site constitutes your agreement
to all such terms and conditions. We may, with or without prior
notice, terminate any of the rights granted by these Terms and
Conditions. You shall comply immediately with any termination or
other notice, including, as applicable, by ceasing all use of
the Site.
Nothing contained in these Terms and Conditions shall be
construed as creating any agency, partnership, or other form of
joint enterprise between us. Our failure to require your
performance of any provision hereof shall not affect our full
right to require such performance at any time thereafter, nor
shall our waiver of a breach of any provision hereof be taken or
held to be a waiver of the provision itself. In the event that
any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held
by any applicable arbitral award or court decision, such
unenforceability or invalidity shall not render these Terms and
Conditions unenforceable or invalid as a whole. We will amend or
replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, our original
objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions,
please contact us.
S.R. Innovatives Products Inc.
Montreal (Quebec) Canada H1K 3X3
Fax : (514) 352-6638 www.scarredux.com |