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Introduction
Welcome to BLUESTREAK EQUIPMENT. Please
review the following Terms and Conditions that govern your use of our
Site. Please note that your use of our Site constitutes your
unconditional agreement to follow and be bound by these Terms and
Conditions and all applicable laws. Although you may "bookmark" a
particular portion of this Site and thereby bypass this Agreement, your
use of this Site still binds you to the Terms and Conditions. BLUESTREAK
EQUIPMENT reserves the right to update or modify these Terms and
Conditions at any time without prior notice. Your use of the BLUESTREAK
EQUIPMENT Web site following any such change constitutes your
unconditional agreement to follow and be bound by the Terms and
Conditions as changed
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TERMS AND CONDITIONS
1. Copyrights and Trademarks
Unless otherwise noted, all materials, including images, text,
illustrations, designs, icons, photographs, programs, video clips and
written and other materials that are part of this Site (collectively,
the "Contents") are copyrights, trademarks, trade dress and/or other
intellectual property owned, controlled or licensed by BLUESTREAK
EQUIPMENT, one of its affiliates or by third parties who have licensed
their materials to BLUESTREAK EQUIPMENT and are protected by Canadian
and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all content on this site is
the exclusive property of BLUESTREAK EQUIPMENT and is also protected by
Canadian and international copyright laws.
© 2007 BLUESTREAK EQUIPMENT. All Rights
Reserved.
Bluestreak Equipment and its suppliers and
licensors expressly reserve all intellectual property rights in all
text, programs, products, processes, technology, content and other
materials which appear on this Web site. Access to this Web site does
not confer and shall not be considered as conferring upon anyone any
license under any of BLUESTREAK EQUIPMENT's or any third party's
intellectual property rights.
The BLUESTREAK EQUIPMENT names and logos
and all related product and service names, design marks and slogans are
the trademarks or service marks of Bluestreak Equipment. All other marks
are the property of their respective companies. No trademark or service
mark license is granted in connection with the materials contained on
this website. Access to this website does not authorize anyone to use
any name, logo or mark in any manner.
References on this Web site to any names,
marks, products or services of third parties or hypertext links to third
party sites or information are provided solely as a convenience to you
and do not in any way constitute or imply Bluestreak Equipment's,
endorsement, sponsorship or recommendation of the third party,
information, product or service. BLUESTREAK EQUIPMENT is not responsible
for the content of any third party sites and does not make any
representations regarding the content or accuracy of material on such
sites. If you decide to link to any such third party web sites, you do
so entirely at your own risk.
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2. Use of this Site
This Site and all its Contents are
intended solely for personal, non-commercial use. You may download or
copy the Contents and other downloadable materials displayed on the Site
for your personal use only. No right, title or interest in any
downloaded materials or software is transferred to you as a result of
any such downloading or copying. You may not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of or exploit in
any way, in whole or in part, any of the Contents, the Site or any
related software. All software used on this site is the property of
BLUESTREAK EQUIPMENT or its suppliers and protected by U.S. and
international copyright laws. The content and software on this site may
be used only as a shopping resource. Any other use, including the
reproduction, modification, distribution, transmission, republication,
display, or performance, of the content on this site is strictly
prohibited.
Although Bluestreak Equipment may from
time to time monitor or review discussions, chats, postings,
transmissions, bulletin boards and the like on the Site, Bluestreak
Equipment is under no obligation to do so and assumes no responsibility
or liability arising from the content of any such locations nor for any
error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy in any information
contained within such locations on the Site. You are prohibited from
posting scandalous, inflammatory, pornographic or profane materials or
any material that could constitute or encourage conduct that would be
considered a criminal offence, give rise to civil liability, or
otherwise violate any law. Bluestreak Equipment will co-operate with any
law enforcement authorities or court order requesting or directing
Bluestreak Equipment to disclose the identity of anyone posting any such
information or materials.
While Bluestreak Equipment uses all
reasonable efforts to include accurate and up-to-date information on the
Site, Bluestreak Equipment makes no warranties or representations as to
its accuracy. Bluestreak Equipment assumes no liability or
responsibility for any errors or omissions in the content on the Site.
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3. Site Security
Users are prohibited from violating or
attempting to violate the security of the Site, including, without
limitation, (a) accessing data not intended for such user or logging
onto a server or an account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization; (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting
a virus to the Site, overloading, "flooding," "spamming," "mailbombing"
or "crashing;" (d) sending unsolicited email, including promotions
and/or advertising of products or services; or (e) forging any TCP/IP
packet header or any part of the header information in any email or
newsgroup posting. Violations of system or network security may result
in civil or criminal liability. The Company will investigate occurrences
that may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who are involved in
such violations. You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of this Site
or any activity being conducted on this site. You agree, further, not to
use or attempt to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Site other
than the search engine and search agents available from Company on this
Site and other than generally available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer).
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4.
General
This Agreement represents the complete
agreement between the parties and supersedes all prior agreements and
representations between them. If any provision of this Agreement is held
to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable and the other terms
of this Agreement shall remain in full force and effect. The failure of
Company to act with respect to a breach of this Agreement by you or
others does not constitute a waiver and shall not limit Company's rights
with respect to such breach or any subsequent breaches. This Agreement
shall be governed by and construed under Ontario law as such law applies
to agreements between Ontario residents entered into and to be performed
within Ontario. Any action or proceeding arising out of or related to
this Agreement or your use of this Site must be brought in the
provincial or federal courts of Ontario, Canada.
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5.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards,
suggestions, ideas, and other submissions disclosed, submitted or
offered to BLUESTREAK EQUIPMENT on or by this Site or otherwise
disclosed, submitted or offered in connection with your use of this Site
(collectively, the "Comments") shall be and remain BLUESTREAK
EQUIPMENT's property. Such disclosure, submission or offer of any
Comments shall constitute an assignment to BLUESTREAK EQUIPMENT of all
worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, BLUESTREAK EQUIPMENT will
own exclusively all such rights, titles and interests and shall not be
limited in any way in its use, commercial or otherwise, of any Comments.
BLUESTREAK EQUIPMENT is and shall be under no obligation (1) to maintain
any Comments in confidence; (2) to pay to user any compensation for any
Comments; or (3) to respond to any user Comments. You agree that no
Comments submitted by you to the Site will violate any right of any
third party, including copyright, trademark, privacy or other personal
or proprietary right(s). You further agree that no Comments submitted by
you to the Site will be or contain libelous or otherwise unlawful,
abusive or obscene material. You are and shall remain solely responsible
for the content of any Comments you make. We welcome your comments
regarding the BLUESTREAK EQUIPMENT Web site. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications
(collectively, "Comments") submitted by you shall be and remain the
exclusive property of BLUESTREAK EQUIPMENT. Your submission of any such
Comments shall constitute an assignment to BLUESTREAK EQUIPMENT of all
worldwide rights, titles and interests in all copyrights and other
intellectual property rights in the Comments. BLUESTREAK EQUIPMENT will
be entitled to use, reproduce, disclose, publish and distribute any
material you submit for any purpose whatsoever, without restriction and
without compensating you in any way. For this reason, we ask that you
not send us any comments that you do not wish to assign to us, including
any confidential information or any original creative materials such as
stories, product ideas, computer code or original artwork.
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6.
Colors
We have made every effort to display as
accurately as possible the colors of our products that appear on the
Site. However, as the actual colors you see will depend on your monitor,
we cannot guarantee that your monitor's display of any color will be
accurate.
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7. Indemnification
You agree to defend, indemnify and hold
BLUESTREAK EQUIPMENT harmless from and against any and all claims,
damages, costs and expenses, including attorneys' fees, arising from or
related to your use of the Site.
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8. Termination
BLUESTREAK EQUIPMENT may terminate this
Agreement at any time and may do so immediately without notice, and
accordingly deny you access to the Site, if in BLUESTREAK EQUIPMENT's
sole discretion you fail to comply with any term or provision of this
Agreement. Upon any termination of the Agreement by either you or
BLUESTREAK EQUIPMENT, you must promptly destroy all materials downloaded
or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the Legal Statement or otherwise. These
terms are effective unless and until terminated by BLUESTREAK EQUIPMENT.
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9. Disclaimer
Your use and browsing of the Site is at
your own risk. Neither Bluestreak Equipment nor any other party involved
in hosting or delivering the Site is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of your access
to, use of, the Site. Without limiting the foregoing, everything on the
Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSLY OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. Please note that some jurisdictions may not allow the
exclusion of implied warranties, so some of the above exclusions may not
apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties. Bluestreak Equipment also
assumes no responsibility and shall not be liable for any damages to, or
viruses that may infect your computer equipment or other property on
account of your access to, use of, or browsing of the Site or your
downloading of any materials, data, text, images, video, or audio from
the Site.
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10. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR
OTHERWISE, SHALL BLUESTREAK EQUIPMENT OR ANY OF ITS EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE
USE OF OR INABILITY TO USE THE BLUESTREAK EQUIPMENT WEB SITE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF
DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BLUESTREAK
EQUIPMENT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES.
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11. Use of our Products
Bluestreak Equipment products can
potentially be dangerous if not used properly. By purchasing our
product, you agree to not hold Bluestreak Equipment liable for any
damage to person or property from the direct or indirect use of
Bluestreak Equipment products.
Copyright © 2007 BLUESTREAK EQUIPMENT |
