Conditions of Use
| 1. |
Welcome to the Organic Garage website (http://www.organicgarage.ca/) (the “Website”). By visiting the Website, clicking on the links, viewing the content or using any of the services made available herein, you agree to be bound by the following terms and conditions of use of this agreement. If you do not agree or consent to all of these terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
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Currency
| 2. |
This document is current to Apr. 1st, 2011. It is your obligation to ensure that you are familiar with the terms herein as your access to the Website constitutes consent to these terms. These terms may change at any time and while we will do our best to inform you of any changes, it is your responsibility to ensure that you are familiar with the most up-to-date version of these terms as continued use of the Website constitutes ongoing consent.
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License and Site Access
| 3.1 |
Organic Garage grants you a limited license to access and make personal use of the Website and its associated services subject to our discretion and your compliance with these terms.
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| 3.2 |
You are not allowed to modify any portion of the Website, except with our express written consent.
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| 3.3 |
This license does not include any resale or commercial use of the Website or its contents or any use of data mining, robots, or similar data-gathering and extraction tools. Such use is expressly forbidden.
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| 3.4 |
Access to the material on the Website is subject to the provisions of your local jurisdiction. In addition to the application of your local jurisdiction and applicable laws, the laws of the Province of Ontario, Canada, apply to all interaction with the Website. Any disputes arising from the unfair or improper usage of the Website will be subject to the laws of Canada. To be clear, please note that wherever you are located, all communications related to the Website and the services occur in Ontario, Canada.
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Warranties and Representations
| 4.1 |
You warrant and represent to us that:
| (a) |
You will not engage in any illegal activity;
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| (b) |
You will not engage in activity of a commercial nature or use the Website to forward materials that are commercial in nature to other users;
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| (c) |
You will not engage in any malicious behaviour that may damage the Website, the software and hardware serving the Website or the computers of other users using the Website.
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Copyright
| 5. |
Unless otherwise stated all content herein is copyright protected and is subject to applicable international laws and treaties. All rights are reserved.
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Liability Limitation and Exclusive Remedy
| 6.1 |
You use and access this Website at your own risk. In no event will Organic Garage or any affiliated party, officers or directors, employees and agents, be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement, your use of or access to the Website and the material contained therein.
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| 6.2 |
These limitations and exclusions apply without regard to whether the damages arise from breach of contract, breach of warranty, negligence, or any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
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| 6.3 |
Organic Garage makes no representations or warranties as to the accuracy of the material contained on this Website. This Website and the material contained therein is being provided “AS IS” without any kind of express or implied warranty.
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| 6.4 |
If you are dissatisfied with the Website or any associated service, you do not agree with any part of this agreement, or you have any other dispute or claim with or against Organic Garage or any affiliated party, officers or directors, employees and agents with respect to this agreement or the Website or any associated service, then your sole and exclusive remedy is to discontinue using the Website or the associated service.
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Release and Indemnification
| 7.1 |
By visiting the Website, you understand and acknowledge that we cannot ensure the security or privacy of any information that you send to us through the Internet, and you release us from any and all liability in connection with the use of such information by other parties;
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| 7.2 |
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Website or the associated services, including without limitation any breach by you of this agreement, or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim.
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Termination of Access to Service
| 8 |
We may, in our sole discretion, terminate or suspend your access to the Website at any time, with or without notice, for any reason, including, without limitation, breach of this agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Website by others may be grounds for termination of your access to all or part of the Website at our sole discretion, and you may be referred to appropriate law enforcement agencies.
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