Terms + Conditions
CONTENT USAGE: Please contact us should you wish to use any of our content or make reference to ALWAYS x ALWAYS publicly. Along with seeking our permission we ask that you provide credit for any content you intend to re-use, and hyperlink it to http://alwaysxalways.com/ if used online. Whenever possible, we are happy to provide high resolution photographs and answer any questions you may have at that time. We reserve the right to request that any third-party remove our content or other copyrighted materials at any time for any reason.
COPYRIGHT & TRADEMARKS: ALWAYS x ALWAYS and ALWAYSxALWAYS.com are properties of ALWAYS x ALWAYS. In addition, any photos, designs, graphics, text or other content are protected by worldwide copyright and other intellectual property laws, treaties and protections. You may not reproduce, publish, distribute, transmit, transfer, sell or modify any portion of this site without express written permission from ALWAYS x ALWAYS. All third party names, trademarks and copyrights are properties of their respective owners. The Site and it's original content, features and functionality are owned by ALWAYS x ALWAYS and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights law.
COMMUNITY GUIDELINES: We reserve the right to block, delete, or otherwise restrict comments and posts from our social media channels which contain personal attacks, hateful or divisive speech, profanity or those which promote a personal, political, or other unrelated business or agenda. We hope this will promote an atmosphere where our friends, customers, and fans can engage in productive and positive conversation.
By accessing or using the Site in any manner, including, but not limited to, visiting or growing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
YOUR USE OF THE WEBSITE: You may not use the Website for any of the following purposes:
- disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws:
- transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practices;
- interfering with any other person's use or enjoyment of the Website; or
- making transmitting or storing electronic copies of materials protected by copyright without permission of the owner.
You will be responsible for our losses and costs resulting from your breach of this provision.
YOUR CONTENT ON THE WEBSITE: You are entirely responsible for the content (the "Content") that you submit, post and display on the Website, and any harm resulting from the submission, posting and display of the contents on the Website. These include, without limitation, posting material to the Website, posting links on the Website, commenting on the Website or otherwise making (or allowing any third party to make) material available via the Website. That is the case regardless of whether the Content constitutes date, text, files, information, images, screen names, graphics, photos, profiles, audio files, video files, audio visual combinations, musical works, works of authorship, applications, links, codes, scripts, computer software or other material. By making the content available, you represent and warrant that the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret rights and other intellectual property rights of any third party in the Content will not be infringed by the copying, downloading and use of the Content.
DISCLAIMERS AND LIMITATION OF LIABILITY: While we strive to ensure that the information contained on the Site ("Site Content") is correct and error-free, we do not warrant the accuracy and completeness of the Site Content. We may make changes to the Site Content, or to any products, prices or feeds described in it, at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.
We will exercise all reasonable skill and care in providing the Site. Some Site Content may be provided by third parties and we do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content. Therefore, except as expressed provided in these Terms and Conditions, the Site and all Site Content provided through it are provided on an "as is" basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the right of any third party).
We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site content in terms of their completeness, accuracy, currency, reliability, or otherwise. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
LIABILITY: We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).
Nothing in these Terms and Conditions shall exclude or limit our liability for: death or personal injury caused by our negligence; or any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or any liability which cannot be excluded or limited under applicable law.
You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk subject to the above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) these Terms and Conditions (iii) the Products (iv) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside Our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Due to the inherent risks of using the Internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.
TERMINATION: We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
CHANGES TO THIS AGREEMENT: We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the site after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
GOVERNING LAW: This agreement shall be made under the laws of Canada and subject to the jurisdiction of the courts of Canada.
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