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Welcome to the Painting Doctor Web Site terms and conditions, which
apply to your use of the Painting Doctor Website. By accessing this Website, you agree to be bound by
them.
DEFINITIONS
"Conditions" means these terms and conditions: "Personal Information"
means any personal details provided by you via the Website; "User(s)"
means (a) user(s) of the Website either collectively or individually, as
the context requires; "We/us/our" means Painting Doctor Website, "Website" means the
website located at www.thepaintingdoctor.com,
www.pearceempire.com ,
www.rogerpearce.com , or any subsequent URL which
may replace it; and "You/your" means you as a user of the Website.
1 ACCESS
We will provide you with access to the Website in accordance with these
Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal
purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer
viruses, macro viruses, trojan horses, worms or anything else designed to
interfere with, interrupt or disrupt the normal operating procedures of a
computer;
2.1.3 will not upload or transmit through the Website any material which
is defamatory, offensive, or of an obscene or menacing character, or that
may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be
interrupted, damaged, rendered less efficient or such that the
effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes
the rights of any person, firm or company (including, but not limited to,
rights of intellectual property, rights of confidentiality or rights of
privacy);
2.1.6 agree that in the event that you have any right, claim or action
against any Users arising out of that User's use of the Website, then you
will pursue such right, claim or action independently of and without
recourse to us.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us against)
all claims, liability, damages, losses, costs and expenses, including
legal fees, suffered by us and arising out of any breach of the Conditions
by you or any other liabilities arising out of your use of the Website, or
the use by any other person accessing the Website using your PC or
internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any
part of) with or without notice to you and you confirm that we shall not
be liable to you or any third party for any modification to or withdrawal
of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of
the Website (or any part of) following such change shall be deemed to be
your acceptance of such change. It is your responsibility to check
regularly to determine whether the Conditions have been changed. If you do
not agree to any change to the Conditions then you must immediately stop
using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The
Website is subject to change from time to time. You will not be eligible
for any compensation because you cannot use any part of the Website or
because of a failure, suspension or withdrawal of all or part of the
Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide
links to other websites or resources. You acknowledge and agree that we
are not responsible for the availability of such external sites or
resources, and do not endorse and are not responsible or liable, directly
or indirectly, for the privacy practices or the content (including
misrepresentative or defamatory content) of such websites, including
(without limitation) any advertising, products or other materials or
services on or available from such websites or resources, nor for any
damage, loss or offence caused or alleged to be caused by, or in
connection with, the use of or reliance on any such content, goods or
services available on such external sites or resources.
6 MONITORING
We have the right, but not the obligation, to monitor any activity and
content associated with the Website. We may investigate any reported
violation of these Conditions or complaints and take any action that we
deem appropriate (which may include, but is not limited to, issuing
warnings, suspending, terminating or attaching conditions to your access
and/or removing any materials from the Website).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply with
applicable Canadian Data Protection legislation from time to time in
place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government
authority investigating suspected illegal activities, or upon receipt of a
court order, to provide your Personal Information and/or information
concerning your activities whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details
of your use of the Website in relation to any, or any threatened, Court
Proceedings in connection with your use, or the use of anyone under your
control, of the Website whether in connection with the matters set out in
these Conditions or otherwise.
7.4 Please view our Anti-Identity Theft Department, which forms part of
these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part
of the Website shall remain at all times vested in us or our licensors.
You are permitted to use this material only as expressly authorised by us.
8.2 The Website is Copyright, Painting Doctor Website, 2004. All rights
reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to;
RR2 Kilworthy, Pob. A104
Muskoka, ON. P0E 1G0
Canada
;
9.1.2 by email to
9.2 As proof of sending does not guarantee our receipt of your notice, you
must ensure that you have received an acknowledgement from us, which will
be sent within 3 working days of our receipt and should be retained by
you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY
INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER
EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and "as available" basis
without any representation or endorsement. Unless specified in separate
terms and conditions related to a particular product or service, we make
no warranties of any kind, whether express or implied, in relation to the
Website, or products or services offered on the Website whether by us or
on our behalf (including free software downloads) including but not
limited to, implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security, accuracy,
condition or completeness, or any implied warranty arising from course of
dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a
particular product or service, we make no warranty that the Website or
products or services offered on the Website whether by us or on our behalf
(including free software downloads) will meet your requirements or will be
uninterrupted, timely, secure or error-free, that defects will be
corrected, or that the Website or the server that makes it available or
products or services offered on the Website whether by us or on our behalf
(including free software downloads) are free of viruses or bugs or are
fully functional, accurate, or reliable. We will not be responsible or
liable to you for any loss of content or material as a result of uploading
to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall
limit your rights as a consumer under Canada law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be
in any way responsible for the security or privacy of the Website and any
information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur
loss or damage connecting to the Website through a third party's
hyper-text link.
10.7 We will not be liable, in contract, tort (including, without
limitation, negligence), pre-contract or other representations (other than
fraudulent misrepresentations) or otherwise out of or in connection with
the Website or products or services offered on the Website whether by us
or on our behalf (including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case
whether or not such losses were within the contemplation of either of us
at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for
death or personal injury resulting from our negligence or that of our
servants, agents or employees.
11 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed to be severable
from these Conditions and shall not effect the validity and enforceability
of any of the remaining provisions of the Conditions.
12 WAIVER
Nothing shall be construed as a waiver by us of any preceding or
succeeding breach of any provision.
13 SURVIVAL
Each provision of these Conditions shall be construed as separately
applying and surviving even if for any reason one or other of those
provisions is held to be inapplicable or unenforceable in any
circumstances.
14 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire
agreement between you and us relating to the subject matter covered and
supersede any previous agreements, arrangements, undertakings or
proposals, written or oral, between you and us in relation to such
matters. No oral explanation or oral information given by either of us
shall alter the interpretation of these Conditions. You confirm that, in
agreeing to accept these Conditions, you have not relied on any
representation save insofar as the same has expressly been made a
representation in these Conditions and you agree that you shall have no
remedy in respect of any misrepresentation which has not become a term of
these Conditions save that your agreement contained in this Clause shall
not apply in respect of any fraudulent misrepresentation whether or not
such has become a term of these Conditions.
15 LAW
The Conditions will be exclusively governed by and construed in accordance
with the laws of Canada whose Courts will have exclusive jurisdiction in
any dispute, save that we have the right, at our sole discretion, to
commence and pursue proceedings in alternative jurisdictions.
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