1. Acknowledgment and
Acceptance of Terms and Conditions
Welcome to OEMic E-Commerce, http://www.
("this Site"). This Site is owned and operated by OEMic Industries
Inc. ("OEMic"). We provide access to this Site to you subject to the
following notices and terms and conditions of use ("Terms and
Conditions"). PLEASE READ THESE TERMS AND CONDITIONS AND PRIVACY POLICY
CAREFULLY BEFORE USING THIS SITE. By accessing, browsing or using this Site,
and/or your placement of an order, you agree to accept these Terms and
Conditions. If you do not agree to these terms, please do not use this Site.
These Terms and Conditions comprise the entire agreement between you and OEMic
and supersede all prior agreements between the parties regarding the subject
matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING
THE "I AGREE " BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. If at any time
the Terms and Conditions are no longer acceptable to you, you should
immediately cease all use of this Site.
2. Disclaimer
Products, materials, information and services, including and without
limitation, text, graphics and links, are provided on an "as is, as
available" basis and without representations, conditions or warranties of
any kind, either express or implied. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER
LAW, OEMic DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND
CONDITIONS ARISING FROM THE COURSE OF DEALING, TRADE OR PERFORMANCE. You agree
that price and availability information is subject to change without notice,
and that placement of an order does not guarantee that the product ordered
will be available.OEMic does not warrant that the functions contained in the
Site materials will be uninterrupted or error-free, that defects will be
corrected, or that the Site or server that makes it available are free of
viruses or other harmful components. OEMic assumes no responsibility for
damage to your computer or computer system as a result of use of a function or
content. OEMic does not represent or warrant that the information accessible
via this Site is accurate, complete or current. You expressly agree that the
entire risk as to the use, quality and performance of the function and the
accuracy or completeness of the Content is assumed solely by you.
3. Trademark and Copyright
The material on this Site, including all software, content, site design, text,
graphics, and the arrangement thereof, (collectively, the
"Content"), are copyright ? 1999 OEMic, unless otherwise indicated.
ALL RIGHTS RESERVED. You acknowledge that this Site contains Content that is
protected by copyright, trademark or other proprietary rights of OEMic or
third parties. All Content on this Site is copyrighted as a collective work of
OEMic pursuant to applicable copyright law. You agree to comply with any
additional copyright notices, information, or restrictions contained in any
Content available on or accessed through this Site.
4. Restrictions on Using
the Materials
You may not modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, display, or in any way exploit any
of the Content, in whole or in part, except as expressly permitted in this
Agreement. Modification of the Content or use of the Content for any purpose
other than one expressly permitted in this Agreement (including use of any
such material on any other web site or networked computer environment) is a
violation of intellectual property rights and other proprietary rights. Any
use or modification of the Content in whole or in part for any other purpose
is strictly prohibited. Content consisting of downloadable software may not be
reverse engineered unless specifically authorized by the owner of the
software's patent and/or copyright.You agree that any copy of the Content that
you make shall retain all copyright and other proprietary notices in the same
form and manner as on the original. Trademarks may not be used in connection
with any product or service not related to OEMic or in any manner that is
likely to cause confusion among customers, or in any manner that disparages or
discredits OEMic. All rights reserved. All other trademarks, service marks,
trade names and/or other marks are the property of their respective owners.
All rights reserved.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OEMic AND
ITS AFFILIATED BUSINESS UNITS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS (COLLECTIVELY, THE
"OEMic PARTIES") BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOSS OF PROFITS, FAILURE TO REALIZE
EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR
ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE A PRODUCT, EVEN
IF ANY OF THE OEMIC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY EVENT, THE OEMIC PARTIES' TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR A PARTICULAR PRODUCT. In no event shall any OEMic
Party be liable for any damages of any kind arising from the use of any
hyper-linked site. You agree that this limitation of liability is
comprehensive and applies to all damages of any kind.
6. Risk of Loss
All items purchased from OEMic are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
7. Indemnity
You agree to indemnify, defend and hold harmless the OEMic Parties from and
against any and all claims, demands, actions, liability, losses, costs and
expenses (including attorneys' fees) in connection with: (1) any use or
alleged use of this Site under your password by any other person, whether or
not authorized by you, or (2) your breach of these terms and conditions or
your violation of any law or the rights of a third party arising out of your
use of this Site. OEMic reserves the right, at it own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperated with OEMic's
defense of such claim.
8. Privacy Policy
OEMic respects your privacy. We are committed to providing you with a safe and
secure site. By submitting information to this Site, you agree that we may
collect, use and distribute this information for the purposes for which it was
collected and in accordance with the Privacy Policy.We do not collect, use or
disclose any information you provide us during sign-on. The information
provided regarding your transactions or inquiries is not given to any third
parties.In order to make our navigation as fast as possible and preserve
settings between visits, we use "cookie" technology. We do not use
cookies to store information about our visitors. Cookies are small pieces of
data stored by your Internet browser on your computer's hard drive, which make
browsing easier when you revisit pages. You may set your browser to notify you
when you receive a cookie or to prevent cookies from being sent. Please note,
however, that by not accepting cookies, you may limit the functionality we can
provide you when you visit this Site.This Site may contain links to other web
sites. While we try to link only to web sites that share our high standards
and respect for privacy, we are not responsible for the content or the privacy
practices employed by other web sites.Please contact us
if you have any comments or questions about this Privacy Policy or about the
information we have collected about you, to correct or update your Personal
Information in our records or to report any violations of the Privacy Policy.
OEMic will take reasonable steps to comply with the foregoing requests.
9. Jurisdiction and General
Issues
Access to and use of this Site is restricted to Canadian residents. OEMic
makes no representation that materials in this Site are appropriate or
available for use in all locations. Those who choose to access this Site do so
on their own initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable. These Terms and Conditions and
your use of this Site shall be construed in accordance with the laws in force
in the Province of British Columbia and the federal laws of Canada applicable
therein, without reference to any choice of law or conflict of law principles,
and without reference to the Conventions on Contracts for the International
Sale of Goods. Any dispute arising under these Terms and Conditions shall be
resolved exclusively by the courts located in Richmond in the Province of
British Columbia. You agree not to bring any legal action against OEMic in any
jurisdiction except the Province of British Columbia and you shall submit and
consent to such jurisdiction. Any claim or cause of action that you may have
with respect to your use of this Site must be commenced within one (1) year
after the claim or cause of action arises. If any provision of these Terms and
Conditions shall be deemed unlawful by a court of law, then the impugned
provision shall be deemed severed and shall not affect the validity and
enforceability of any remaining provisions. Sections 2 - 9 shall survive any
termination of this Agreement as well as any other provisions which by their
terms or sense are intended to survive.
10. Links to Third Party
Sites
This Site may contain links to third party web sites. Access to any other web
site linked to the OEMic site is at your own risk and OEMic is not responsible
for the availability, accuracy or reliability of the contents of any linked
web site or any link contained in a linked web site. We provide these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement of the linked web site by OEMic.
11. Modification or
Termination of Service
OEMic reserves the right, in its sole discretion, to restrict, suspend or
terminate your access to all or any part of this Site at any time for any
reason without prior notice or liability. OEMic may change, modify, suspend or
discontinue all or any aspect of this Site at any time, including the
availability of any feature, database, or Content, without prior notice or
liability.
12. Typo Errors
In the event a product is listed at an incorrect price due to typographical
error or error in pricing information received from our suppliers, OEMic
reserves the right to refuse or cancel any orders placed for the product
listed at the incorrect price.
13. Changes to the Terms
and Conditions
OEMic reserves the right, at any time, to modify, alter, or update these Terms
and Conditions. Upon any change in the Terms and Conditions, OEMic will notify
you by posting the changes as a start-up screen prior to your entrance to the
Site.If you agree to be bound by the changes, click the "I accept"
button that follows the posted changes. If you do not click the "I
accept" button, you will not be allowed to access the Site.
14. Acceptance
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS AGREEMENT AND THE PRIVACY POLICY AND
AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH THEREIN BY SELECTING "I
accept" BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS, SELECT "I decline".
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