The Terms also govern your purchase of products or services, if any, via the Website, and they contain terms which limit the seller’s liability to you.
The Website is operated by the dexter. (the “Company”) as a courtesy to you, and you benefit from the information and points of view depicted there. The Company reserves the right, in its sole discretion, to modify, alter or otherwise update the Terms at any time and you agree to be bound by such modifications, alterations or updates. You also agree that you will periodically check the Terms, as they appear published on the Website, to ensure your timely understanding of any such alterations or updates, and the Company will not have any obligation to specifically send any notice to you of such modifications, alterations or updates.
- Trademarks, Copyrights and Restrictions
- This site is controlled and operated by the Company, which may readily be contacted via information or gateways provided at the Website. All materials (the “Website Materials”) on the Website, including, but not limited to images, illustrations, audio clips, video clips, and all written material, is protected by certain copyrights and other rights (collectively, the “Rights”) which are owned and controlled by the Company or by other persons who have licensed their materials to the Company. You may not copy, reproduce, republish, upload, post, transmit, or distribute in any way any of the Website Materials, unless the Company has given you permission to do so in writing.
- The Company is very respectful about the privacy concerns of visitors to the Website. The Company does not collect any personally identifiable information about you from the Website without your knowledge and consent. Some information is collected by the computers which host the Website in order to enhance your experience there. That information does not personally identify you, and is not used for any purpose other than to help you navigate the Website.
- Information collected in that way includes the type of browser you use, the type of operating system you use, and the domain name of your Internet service provider. By having this information, web pages optimized for a particular visitor’s computer is automatically available to that visitor.
- The Company also uses this information for its own internal purposes, to track the number of visitors to the Website. Again, this information does not identify you personally, and is used only as a tool to improve the quality of information and services offered through the Website.
- From time to time you may volunteer to provide the Company with certain information (the “Personal Information”), being personally identifiable information about you, including your name, your email address, your contact information, and any other information that you provide to the Company. In those instances you consent to the Company’s collection and use of the Personal Information for any purposes that might, in the sole opinion of the Company’s directors, officers, or other assigns for such purposes, be helpful in meeting the Company’s broader objectives. You also agree that the Company may disclose the Personal Information to affiliates or other third parties in order to advance its broader objectives, or in order to provide products or services to you that you have requested. You can, at any time, advise the Company in writing that you do not consent to the use or disclosure of the Personal Information as set out in this paragraph, at which time the Company will cease to use or disclose the Personal Information.
- You should know that, from time to time, the Company may make available to you certain forums, ‘chat’ areas, or other areas or venues that will permit you or other users to interact online with each other and with the Company (collectively, the “Users’ Areas”). If you choose to use the Users’ Areas, you may disclose personally identifiable (or other) information to other persons who are not under the control of the Company, and the Company will not be responsible for any of your use of the Users’ Areas or for any use by third parties of your personal information obtained through your use of the Users’ Areas.
- If you choose to use or access any of the Users’ Areas, and if in doing so you choose to submit or publish any materials at all, you agree that you will not do so for any purposes which contravene any of the laws (whether provincial or federal) in effect in Canada, or which have the effect, whether intentional or otherwise, of contravening such laws, and you further agree that the Company may, in its sole discretion, remove, delete, modify, or deal in any way with any of the materials or commentary that you submit, provide, or publish, as the case may be, using the Users’ Areas.
- A Special Note for Parents Concerning Privacy
- Privacy is of concern to everybody. Even at websites, such as the Website, that are designed to be educational and child-friendly, children may take opportunities, otherwise offered strictly to adults, to provide personal information which may be collected by others. Children are encouraged to consult with their parents before furnishing any data through the Website or through any of the Users’ Areas. Parents or guardians are reminded that they will be responsible for all conduct of their children (including transactions requested, if any, and information provided) effected through the Website.
- Linked Sites
- The Company may, from time to time, provide internet hyperlinks connecting to certain websites (the “Linked Sites”), being websites which are owned, operated, and controlled by third parties. The Linked Sites are referenced on the Website as a matter of convenience to you, and the Company is not responsible for any of the content, views, or opinions contained or depicted at any of the Linked Sites, or for any use made of your personal information by any owner or operator of any of the Linked Sites. If you choose to access any of the Linked Sites, you do so completely at your own risk.
- The materials in the Website, and the products made available through any online stores or portals available through the Website (which materials and products are referred to collectively as the “Materials”), are provided “as is” and without warranties of any kind either express or implied, unless otherwise noted at the time you obtain or purchase any of the Materials. To the fullest extent permissible under applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- The Company does not warrant that the electronic or coded functions, if any, contained in the Materials will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components.
- The Company does not warrant or make any representations regarding the use or the results of the use of the Materials in terms of their correctness, accuracy, reliability or otherwise. You (and not The Company) assume the entire cost of all necessary servicing, repair or correction, if there is any.
- Any written material that you read at or through the Website is provided solely for entertainment and philosophical purposes. All written materials, or other commentary, provided through the Website (including any material available through the Users’ Areas) is food for thought, and not advice or instruction to you, and you are not to rely on it for any purposes.
- The information and opinions expressed in any of the Users’ Areas are not necessarily those of the Company and the Company makes no representations or warranties regarding that information or those opinions.
- Furthermore, the Company is not responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such material contrary to the terms of the Terms, or to whom such materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in the Website.
- Risk of Loss or Damage
All items purchased from the Company through the Website are delivered to you pursuant to a simple risk shipment contract. This means that the risk of loss and title for such items pass to you upon the Company’s delivery of any items purchased by you to the carrier.
The Company and its affiliates try to be as accurate as possible in describing products and services available through the Website. However, the Company does not warrant that product or service descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole remedy is to return it in unused condition.
- Except where noted otherwise, the List Price displayed for products on the Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by any third party, including (without limitation) affiliates or independent service providers, the List Price may be provided by the merchant.
- With respect to items sold by the Company, we cannot confirm the price of an item until you order it; however, as a general practice we will not charge your credit card until after your order has entered the shipping process. Despite our best efforts, however, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- Please note that this term applies only to products sold and shipped by the Company through the Website.
- Any notes, message billboard postings, ideas, suggestions, concepts or other material submitted to or through the Website will become the exclusive property of the Company, and the Company will be entitled to use that material for any type of use forever, including in any media whatsoever. When you submit material to the Website, you agree that the Company has the right to publish the material for any type of use that the directors of the Company may think furthers the Company’s broader objectives.
- The Company is not responsible for any material posted in the Users’ Areas. You will not submit or otherwise publish through the Users’ Areas any content which:
- libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening;
- infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks;
- violates any law;
- advocates illegal activity; or
- advertises or otherwise solicits funds or is a solicitation for goods or services (collectively “Non-Approved Material”).
- If you do post content or submit material to the Website through the Users’ Areas or otherwise, and unless we indicate otherwise, you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and will not cause injury to any person or entity. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
- You agree to indemnify the Company and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable lawyer’s fees, resulting from your use in any way of the Website.
- E-Mail and Postings Received
- The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone using the Users’ Areas.
- Your Account
- If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under, or pursuant to, your account or password. If at any time the Company sells products which might be usable by children, it sells them to adults, who can purchase with a credit card. If you are under 18, you may use the Website only with involvement of a parent or guardian, who will (and who agree to be) be legally responsible for your use of the Website. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- Jurisdictional Issues
- Unless otherwise specified, and regardless of the actual physical locations of any computers or computer files accessible vie the Website, the Website Materials are deemed to be situated in the Province of British Columbia, Canada. The Website is controlled and operated by the Company from its offices within the Province of British Columbia.
- The Terms constitute a binding agreement between you and Company, and will be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, Canada, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or the Company bring to enforce this agreement or, in connection with any matters related to the Website shall be brought only in the courts of the Province of British Columbia, and you expressly consent to the jurisdiction of those courts.
- If any provision of this agreement is deemed to be unlawful, void, or for any reason unenforceable, then that provision will severable from this agreement and will not alter the validity and enforceability of any remaining provisions.
- The Terms form the entire agreement between us relating to the Website, and will not be modified except in writing and published by the Company on the Website.