Warranties, Disclaimers and Exclusion of Liability
You expressly understand and agree that: The Website and its Content are provided on an “as is” and “as available” basis and your use of (or inability to use) this Website and the Content is at your own risk. The Demmycole and its affiliates, directors, officers, employees, agents and representatives expressly disclaim all warranties of any kind, whether express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, The Demmycole makes no warranty that: (i) the Website will meet your requirements or will be uninterrupted, timely, secure, or error free; (ii) information that may be obtained will be accurate or reliable; (iii) the quality of any products, services, information or other material obtained by you through the Website will meet your expectations or needs; and (iv) any errors in the Website will be corrected. The Demmycole assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this Website. You agree that your sole remedy in the event of any problem with your use is to cease using this Website. In addition, all products and services purchased on or through the Website are subject to any applicable warranties of their respective sellers, manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, The Demmycole disclaims all warranties of any kind, either express or implied, including any implied warranties, with respect to the products and services listed or purchased on or through the Website. Without limiting the foregoing, The Demmycole disclaims liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions. The Demmycole attempts to be as accurate as possible. However, The Demmycole does not warrant that product descriptions or other content of any product or service on the Website is accurate, complete, reliable, current, or error-free. If a product offered on the Website is not as described, your sole remedy is to return it in unused condition. In no event shall The directors, employees, officers, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out or related to access to or use of this Website or the Content, or any other website linked to this Website, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages. Without limiting the generality of the foregoing, The Demmycole and its affiliates, directors, officers, employees, agents and representatives and their respective successors and assigns shall not have any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the Website; or (vi) for any other matter relating to this Website or any third party website. Notwithstanding anything to the contrary, the sole and entire maximum liability of Hbc for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from The Demmycole on this Website. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. Indemnification To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless The Demmycole, its affiliates and related companies, and each of their respective directors, officers, employees, agents and representatives from and against all claims, liability, losses, damages, expenses, and costs, arising out of: (i) your use of the Website; (ii) any activity related to your account by you or any other person; (iii) any material that you submit to, post on or transmit through the Website; (iv) your infringement or violation of any rights of another; or (v) your breach or alleged breach of these Terms and Conditions. Applicable Law and Jurisdiction You agree that (a) all matters relating to access to, use of, or purchases through the Website will be governed by the laws of Ontario and the federal laws of Canada applicable to Ontario (b) the courts of Ontario have jurisdiction; (c) the United Nations Convention on Contracts for the International Sale of Goods will not apply; and (d) you are responsible for complying with all local laws.