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Terms of use

Welcome to the Square36 web site (the “Site”), owned and operated by Xystems Enterprises Ltd. (“XEL”). BEFORE YOU USE THE SITE YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. By using the Site you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site. XEL reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. You should therefore frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with XEL for other products or services. Questions or comments about the Site or its contents should be directed to info@square36.com

1. INCORPORATED POLICIES OR TERMS

1.1 Privacy Policy

XEL believes strongly in protecting user privacy and providing to you notice of XEL’s collection and use data, including personal information, collected from the Site. Therefore, XEL has adopted a Privacy Policy that you should refer to fully understand how XEL uses and collects information.

1.2 Terms and Conditions

All orders placed via the Site are governed by XEL’s Terms of Sale. You should refer to the Terms of Sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including the disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time in XEL’s sole discretion, so you should review the Terms of Sale each time you make a purchase.

1.3 User Agreement

By downloading, copying, reproducing, redistributing, printing, or using material owned by XEL and specifically made available on the XEL website, you signify your acceptance of this User Agreement and agree to all Terms of Use in this User Agreement. “Material” means works whether written, graphical, photographical, visual, audio, and any subject matter owned by XEL that appears or has been implemented on the XEL.com website. All material on the XEL.com website, material is protected by copyright. Permission to use XEL’s material is granted conditionally as set out in the Terms of Use. Nothing in the granting of this permission constitutes an irrevocable privilege or right on the part of the user. XEL reserves the right to revoke permission to use any of its copyrighted materials in the event that XEL determines that the user of the copyrighted material has abused the privilege to use the material in the manner set out in the Terms of Use. The user of the copyrighted material upon notice from XEL shall immediately cease and desist from using the material, and if the material is displayed on a website, promptly remove the material from the website without undue delay.

2. OWNERSHIP OF TECHNOLOGY

All content included on this Site (the “Technology”) is the property of XEL, and/or its various third party providers and distributors and is protected under the intellectual property laws of Canada and other countries. None of the content found on this Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of XEL and/or its third party providers and distributors.

3. COPYRIGHT

All copyrighted and copyrightable materials on this Site, including, without limitation, the XEL logo, design, text, graphics, pictures, and other files, and the selection and arrangement (“Materials”) thereof are the property of XEL, ALL RIGHTS RESERVED Copyright © 2010 XEL, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of XEL or the respective copyright owner.

4. TRADEMARKS AND SERVICE MARKS

XEL, the XEL logo, and the products and services described in this Site, including without limitation, “XEL”, are either trademarks, service marks or registered trademarks of XEL and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of XEL or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of XEL, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of XEL. All other trademarks, registered trademarks, product names and XEL names or logos mentioned herein are the property of their respective owners.

5. USE OF SITE

XEL grants you a limited license to use this Site, including the Technology, to make legitimate orders and purchases and shall not use this Site and/or the Technology for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation:

  • (a) any resale or commercial use of the Site and/or the Technology or content therein;
  • (b) the collection and use of any product listings or descriptions;
  • (c) making derivative uses of the Site and/or the Technology and its contents; or
  • (d) use of any data mining, robots, or similar data gathering and extraction methods.

Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of XEL or any third party. This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of XEL, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of XEL or the respective copyright owner:

  • (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media;
  • (b) modify the materials; and
  • (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials.

Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You may not use, frame or utilize framing techniques to enclose any XEL trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without XEL’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing an XEL name, trademark, or product name without XEL’s express written consent.

6. AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.

7. TERMINATION

You agree that XEL, in its sole discretion, may terminate your or any Authorized User’s password, account or use of the Site, or restrict your or any Authorized User’s access to any component of this Site, for any reason, including without limitation, for lack of use or if XEL believes that you or any Authorized User has violated or acted inconsistently with the Terms of Use or applicable laws or regulations. XEL may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that XEL may immediately deactivate or delete your Membership Account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that XEL shall not be liable to you or any third party for any termination or restriction of access to the Site.

8. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY XEL TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. XEL MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE XEL SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE. XEL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

9. LIMITATION OF LIABILITY

YOU AGREE THAT XEL, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF XEL (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED CAD$100.00 OR THE COMPENSATION YOU PAID XEL, WHICHEVER IS LESS. Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

10. INDEMNIFICATION

You shall indemnify, defend and hold harmless XEL and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any of its Authorized Users’ use of the Site, including but not limited any violation by you or any Authorised User of the Terms of Use. XEL reserves the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse the Purchaser’s indemnity obligations.

11. LINKS

The Site may contain links to other web sites which are provided solely as a convenience to the Purchaser, and the inclusion of any link does not imply endorsement, investigation or verification by XEL of the linked web site or information contained therein. XEL shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If the Purchaser decides to access other web sites, it does so at its own risk.

12. RELATIONSHIP

The relationship between XEL and the Purchaser will be that of independent contractors, and neither party nor any of their respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or use of the Site.

13. GOVERNING LAW

The Purchase Order to which these Terms of Use apply shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of the Site and these Terms of Use.

14. ASSIGNMENT

A Purchaser may not assign, convey, subcontract or delegate its rights, duties or obligations hereunder.

15. SEVERABILITY

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

16. HEADINGS

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

17. ENTIRE AGREEMENT

These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.