PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS SITE, YOU OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THE VANCELL.CA WEBSITE. PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SITE!
VanCell may revise and update these Terms and Conditions at anytime. Please periodically review the Terms and Conditions posted at the VanCell website because Your continued usage of the website (the homepage of which is at http://www.vancell.ca/) (“VanCell website,” or the “website,”) after any changes to these Terms and Conditions will mean You accept those changes.
Section 2. Use of Content — Copyright
Upon acceptance of these Terms and Conditions, VanCell authorizes You to view or download a single copy of the material on this website solely for Your personal, informational and noncommercial use, provided that You retain all copyright and other proprietary notices contained in the original material on any copies of the material. Such material specified above does not include the design or layout of the VanCell website. Elements of the VanCell website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the VanCell website may be copied or retransmitted unless expressly permitted by VanCell. Special rules or license terms may apply to the use of certain software and other items provided to you via the VanCell website (collectively, “Software”). Any such special rules or license terms accompany or are listed in association with or through a hyperlink associated with the Software.
The contents of the VanCell website (“Content”), such as text, graphics, data, images, Software and other material are protected by copyright and other laws in Canada, the United States, and other countries, and title to the Content shall not pass to You or any other party. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, disassembled, decompiled, reproduced, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of VanCell. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. Without limitation of the foregoing, unless independently licensed by VanCell, use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of VanCell. If You violate any of these Terms and Conditions, Your permission to use the Content automatically terminates and You must immediately destroy any copies You have made of any portion of the Content.
Section 3. Access to VanCell Systems and Information through the VanCell website
The VanCell website provides access to certain VanCell computer and network services (“VanCell Systems”) for the purpose of retrieving information and data regarding VanCell cell and smartphone repair services. Subject to compliance with each of the terms of this Agreement, VanCell agrees to permit You to access the VanCell Systems via the VanCell website for the sole purpose of obtaining Information. Following are certain requirements regarding such access:
You may not use or access the VanCell Systems in any way which, in VanCell’s judgement, adversely affects the performance or function of the VanCell Systems or VanCell website or interferes with the ability of authorized parties to access the VanCell Systems or VanCell website. Without limitation of the foregoing, you may not use automatic inquiry engines to interact with the VanCell Systems or obtain Information.
You may not mask or misrepresent your identity when using the VanCell website or Systems. You may not gain access, or attempt to gain access, by any means, to any VanCell computer system or database, other than the VanCell Systems to which You are expressly permitted access via the VanCell website. You shall use or disclose the Information only in connection with packages shipped by or to You or on Your behalf.
VanCell may terminate, update, alter or supplement any or all of the VanCell Systems and services and Information available from the VanCell Systems. While VanCell does not at this time charge for use of the VanCell Systems or the Information, VanCell may assess charges for any or all of such items in the future, in its sole discretion, by providing notice of such charges to You and restricting access to the VanCell Systems and Information absent Your agreement to pay such charges. By permitting limited usage of the VanCell Systems via the VanCell website and as permitted herein, VanCell does not convey any interest in or to the VanCell Systems or any other VanCell property or services. All right, title and interest in and to the VanCell Systems and the Information is and shall remain in VanCell.ca.
If VanCell in its sole judgment believes either (i) that the VanCell Systems or Information are being used for a purpose not approved by VanCell or in violation of any law, regulation or ruling, (ii) that VanCell’s or any third party’s rights or interests are jeopardized or potentially exposed to liability or damage, or (iii) that You are in default under this Agreement, VanCell may immediately terminate Your access to the VanCell Systems.
Section 4. Limitation of VanCell’s Liability — Disclaimer of Responsibility for Damages
VanCell makes no representations about the results to be obtained from using the VanCell website, the VanCell Systems, the Information or the Content. The use of same is at Your own risk.
WHEN USING THE VANCELL.CA WEBSITE AND THE VANCELL SYSTEMS, INFORMATION AND CONTENT WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF VANCELL AND ITS SUPPLIERS. ACCORDINGLY, VANCELL ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY CONTENT OR INFORMATION.
THE VANCELL.CA WEBSITE, THE VANCELL SYSTEMS, THE INFORMATION AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VANCELL, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. VANCELL, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE VANCELL WEBSITE OR THE VANCELL SYSTEMS.
IN NO EVENT SHALL VANCELL, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE VANCELL WEBSITE BE LIABLE FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE VANCELL WEBSITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VANCELL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VANCELL SHALL BE LIABLE TO YOU ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU. THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
Section 5. Links
The VanCell website contains links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by VanCell of the content on such third-party websites. VanCell is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If You decide to access linked third-party websites, You do so at Your own risk. Your use of third-party websites is subject to any applicable terms and conditions of use for such sites. Linking to any page of the VanCell website other than http://vancell.ca through a plain text link is strictly prohibited in the absence of a separate linking Agreement with VanCell. Any website or other device that links to http://vancell.ca is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that VanCell is endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with VanCell, (e) presenting false information about VanCell products or services, and (f) using any VanCell logo or mark without permission from VanCell.
Section 6. Indemnity
You agree to defend, indemnify and hold VanCell, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your use of the Content (including Software) in a manner that violates or is alleged to violate these Terms and Conditions.
Section 7. Compliance With Law Including Export Control
You agree in utilizing the VanCell website, the VanCell Systems, Information and Content. You will do so exclusively for authorized and legal purposes consistent with these Terms and Conditions, all applicable laws and regulations, and the rights of others.
Canada, the United States, and certain other jurisdictions control the export of products and information. You agree to comply with such all applicable restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under Canada, the United States, or other applicable export control laws or regulations. By downloading the Content (including Software), You are representing that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including Software).
Section 8. General
VanCell is based in Vancouver, BC. VanCell makes no claims the Content is appropriate or may be downloaded outside of Canada. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If You access the VanCell website from outside Canada, You do so at Your own risk and are solely responsible for compliance with the laws of Your jurisdiction and any other applicable laws.
Section 9. Jurisdiction
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE AND CONSENT THAT ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE VANCELL WEBSITE, THE VANCELL SYSTEMS, INFORMATION, AND CONTENT MAY BE INSTITUTED IN ANY PROVINCIAL, STATE OR FEDERAL COURT SITTING IN THE CITY OF VANCOUVER, PROVINCE OF BRITISH COLUMBIA, CANADA AND, YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH SUIT, ACTION OR PROCEEDING, AND IRREVOCABLY SUBMIT GENERALLY AND UNCONDITIONALLY TO THE JURISDICTION OF ANY SUCH COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU AGREE THAT SERVICE OF PROCESS MAY BE MADE BY PERSONAL SERVICE OF A COPY OF THE SUMMONS AND COMPLAINT OR OTHER LEGAL PROCESS IN ANY SUCH SUIT, ACTION OR PROCEEDING, OR BY ANY METHOD OF SERVICE PROVIDED FOR UNDER THE APPLICABLE LAWS IN EFFECT IN THE PROVINCE OF BRITISH COLUMBIA. IN ANY SUCH ACTION OR PROCEEDING YOU AGREE TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY AND WAIVE TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION THAT YOU MAY HAVE THAT EACH ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 10. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER AGREEMENT BETWEEN YOU AND VANCELL OR IN THE VANCELL RATE AND SERVICE GUIDE AND TARIFF, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND VANCELL WITH RESPECT TO THE USE OF THE VANCELL WEBSITE, THE VANCELL SYSTEMS AND ANY SOFTWARE, INFORMATION AND CONTENT CONTAINED THEREIN.