EVERFLO COMPRESSION provides EVERFLO COMPRESSION web site including EVERFLO COMPRESSION Home Page and other EVERFLO COMPRESSION content (collectively, the “ EVERFLO COMPRESSION Site”) subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE EVERFLO COMPRESSION SITE. BY ACCESSING EVERFLO COMPRESSION SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE EVERFLO COMPRESSION SITE.
By accessing EVERFLO COMPRESSION Site, you agree to be bound by the terms and conditions listed below:
01. Rules: While visiting EVERFLO COMPRESSION, you may not:
2. Linked Sites: Any sites to which EVERFLO COMPRESSION provides links are operated by independent parties and are not under the control of EVERFLO COMPRESSION.
3. Independent Parties: EVERFLO COMPRESSION and linked web sites are independent parties. There is no agency, employee or partnership relationship of one to the other or among any of them and they have no authority to bind another of the parties. Any reference describing EVERFLO COMPRESSION and any linked site as “partners” is colloquial only and does not represent the legal relationship between them, which is one of independent contractors.
4. Monitoring: EVERFLO COMPRESSION has no obligation to monitor EVERFLO COMPRESSION Site. However, you agree that EVERFLO COMPRESSION has the right to monitor EVERFLO COMPRESSION Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate EVERFLO COMPRESSION Site properly, or to protect itself or its users in accordance with EVERFLO COMPRESSION ‘s Privacy Statement. EVERFLO COMPRESSION will not intentionally monitor or disclose any private electronic-mail message unless required by law. EVERFLO COMPRESSION reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. EVERFLO COMPRESSION does not hire moderators to monitor the web site. All moderators for EVERFLO COMPRESSION are volunteers and EVERFLO COMPRESSION is not responsible for their actions.
5. No Warranty: EVERFLO COMPRESSION assesses the products and services offered by EVERFLO COMPRESSION and believes that these products and services are appropriate and valuable to EVERFLO COMPRESSION customers. EVERFLO COMPRESSION does not, however, guarantee any products or services provided by EVERFLO COMPRESSION. Pricing contained on the site is subject to change without notice.
6. Limitation of Liability: EVERFLO COMPRESSION, including its affiliates, related companies and suppliers, take no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on EVERFLO COMPRESSION Site. Further, EVERFLO COMPRESSION makes no representations about the suitability of any of the information contained in the documents and related graphics on EVERFLO COMPRESSION Site for any purpose. All such documents, related graphics, product and services are provided “as is” and without warranties or conditions of any kind. In no event shall EVERFLO COMPRESSION be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information, products or services available on or through EVERFLO COMPRESSION site.
7. Recourse: If you are dissatisfied with EVERFLO COMPRESSION Site or with any terms, conditions, rules, policies, guidelines or practices of EVERFLO COMPRESSION in operating EVERFLO COMPRESSION Site, your sole and exclusive remedy is to discontinue using the EVERFLO COMPRESSION Site.
8. Indemnity: You agree to defend, indemnify and hold EVERFLO COMPRESSION and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of EVERFLO COMPRESSION Site or the Internet or the placement or transmission of any message, information, software or other materials on EVERFLO COMPRESSION Site or on the Internet by you or users of your account.
9. Intellectual Property: All EVERFLO COMPRESSION elements (the “Elements”) such as, without limiting the generality of the foregoing, the texts, articles, documents, worksheets, programs, photos, illustrations, images, videos and audio materials, are the property of EVERFLO COMPRESSION and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of EVERFLO COMPRESSION or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices. The trademarks and logos used or posted on EVERFLO COMPRESSION are trademarks which were registered or not by EVERFLO COMPRESSION or third parties. Nothing in EVERFLO COMPRESSION may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on EVERFLO COMPRESSION without the prior written approval of the owner of such trademark.
10. Territory: EVERFLO COMPRESSION Site originates in Canada.
11. Miscellaneous: This Agreement, including any and all documents referenced herein, constitutes the entire agreement between EVERFLO COMPRESSION and you pertaining to the subject matter hereof. EVERFLO COMPRESSION’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the applicable laws of the province of Alberta and the federal laws of Canada applicable therein. The parties have required that this agreement and all documents relating thereto be drawn up in English.