Kanab Online Store Terms of Use
WE THANK YOU FOR YOUR INTEREST IN THE KANAB WEB SITE (THE “KANAB ONLINE STORE”), WHICH INCLUDES: WWW.THEKANABCOMPANY.COM AND WWW.KANAB.CA. PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”) CAREFULLY BEFORE USING THE KANAB ONLINE STORE. BY USING THE KANAB ONLINE STORE, YOU AGREE TO COMPLY WITH ALL OF THE TERMS OF USE SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE KANAB ONLINE STORE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS OF USE AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS OF USE. YOU AGREE TO REVIEW THE TERMS OF USE PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE KANAB ONLINE STORE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS OF USE.
- Age Restriction
You must be at least 19 (nineteen) years of age before you can use the Kanab Online Store. By using the Kanab Online Store, you warrant that you are at least 19 years of age and you may legally adhere to this Terms of Use. Kanab Inc. assumes no responsibility for liabilities related to age misrepresentation.
- Privacy Policy
Before you continue using the Kanab Online Store, we advise you to read our privacy policy found here: [XXXXX].
- Intellectual Property Rights
The Kanab Online Store and all content provided therein is protected by copyright, trade-mark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Kanab Inc. and/or its affiliates and related companies. Nothing contained on the Kanab Online Store should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying Kanab Inc. and/or its affiliates and related companies or their respective products and services displayed on the Kanab Online Store, without the expressed written consent of Kanab Inc. or such third party that may own such trade-marks, logos and other names displayed on the Kanab Online Store.
- Use of Kanab Online Store and Content
a) No information or material from the Kanab Online Store may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the Kanab Online Store and any content accessed through the Kanab Online Store.
b) You will use the Kanab Online Store and any content, material, or information found therein solely for lawful purposes.
c) Kanab Inc. has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the Kanab Online Store, and Kanab Inc. is not responsible for any of this material or information.
d) Kanab Inc. reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law.
e) You hereby grant to Kanab Inc. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to the Kanab Online Store and/or to incorporate it in other works regardless of form, medium or technology.
- Disclaimer of Warranties & Limitation of Liability
a) THE INFORMATION CONTAINED ON THE KANAB ONLINE STORE IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER’S NEED. DOCUMENTS PROVIDED ON THE KANAB ONLINE STORE ARE PROVIDED AS A SERVICE ONLY, AND DO NOT CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS. THE KANAB ONLINE STORE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE KANAB ONLINE STORE, ARE PROVIDED ON AN “AS IS” BASIS. KANAB INC., ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE KANAB ONLINE STORE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE KANAB ONLINE STORE. NEITHER KANAB INC. NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE KANAB ONLINE STORE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE KANAB ONLINE STORE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THE KANAB ONLINE STORE, ANY SERVICES PROVIDED THROUGH THE KANAB ONLINE STORE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE KANAB ONLINE STORE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE KANAB ONLINE STORE. NEITHER KANAB INC. NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE KANAB ONLINE STORE OR ACCESS TO AND USE OF THE KANAB ONLINE STORE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE KANAB ONLINE STORE IS AT YOUR SOLE RISK.
b) INFORMATION PROVIDED ON THE KANAB ONLINE STORE MAY CONTAIN REFERENCES OR CROSS REFERENCES TO KANAB INC., ITS AFFILIATES AND RELATED COMPANIES’ PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN YOUR LOCAL AREA AND KANAB INC., ITS AFFILIATES AND RELATED COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL AREA AND SUCH REFERENCES DO NOT IMPLY THAT KANAB INC., ITS AFFILIATES AND RELATED COMPANIES INTEND TO PROVIDE SUCH PRODUCTS OR SERVICES IN YOUR LOCAL AREA.
c) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL KANAB INC. OR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE KANAB ONLINE STORE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER KANAB INC. NOR ITS AFFILIATES AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
- Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Kanab Inc., its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms Of Use; or (ii) your use of the Kanab Online Store, the content contained therein and the placement or transmission of any information or other materials on the Kanab Online Store made by you or others using your account. You agree to promptly notify Kanab Inc. immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. Kanab Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
- Recourse
If you are dissatisfied with the Kanab Online Store or with the Terms of Use, your sole and exclusive remedy is to discontinue using the Kanab Online Store. In such an event, you agree to destroy all materials obtained by you on the Kanab Store and all copies thereof. The Terms of Use shall survive any such termination.
- Miscellaneous
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario. The Terms of Use and any rules, policies, guidelines or other agreements posted on the Kanab Online Store by Kanab Inc. constitute the entire agreement between Kanab Inc. and you with respect to your use of the Kanab Online Store. Notwithstanding the foregoing, any products or services which you purchase through the Kanab Online Store shall be subject to all terms and conditions relating to such purchase provided to you from time to time including, without limitation, all terms and conditions posted on the Kanab Online Store and all terms and conditions delivered to you (in any manner or form) in connection with any products or services purchased. No waiver by either Kanab Inc. or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
The parties have required that the Terms of Use and all documents relating thereto be drawn up in English.
