1. INCORPORATED POLICIES OR TERMS
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
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.
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.
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.
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.
13. GOVERNING LAW
A Purchaser may not assign, convey, subcontract or delegate its rights, duties or obligations hereunder.
17. ENTIRE AGREEMENT