The products and services (collectively, the “Products and Services”) offered by or through www.betterflipflop.com (“Provider”) are made available subject to the following Terms and Conditions. By using the Products and Services, you are agreeing to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of service posted on any third party website. Please read these Terms and Conditions carefully and direct any questions to: email@example.com.
1. Content Linked to Provider
Provider encourages you to exercise discretion while using the Products and Services to browse the Internet. Provider may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Provider makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to Provider’s websites. Provider shall not be held responsible for the accuracy, copyright or trademark compliance, legality or decency of material contained in sites listed in Provider’s search results or otherwise linked to Provider’s websites or provided to the Provider by third parties.
2. Changes in Terms and Conditions and Changes in Products and Services
Provider reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. Provider reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
4. Disclaimer of Warranties
(1) Provider disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Products and Services. Provider disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. Provider disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Products and Services.
(2) THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. PROVIDER SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
(3) Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
5. Limitation of Liability
(1) UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PROVIDER’S NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
(2) In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
(3) Under no circumstances shall Provider be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air-conditioning.
(4) The sites displayed as search results, otherwise linked to Provider’s websites, or operated or provided to the Provider by third parties are developed by people over whom Provider exercises no control. The search results that appear from the catalogues indexed by Provider’s spiders or web robots are automated, and Provider cannot and does not screen the sites before including them in the catalogues from which such automated search results are gathered. Accordingly, Provider assumes no responsibility for the content of any site included in any search results or otherwise linked to Provider’s websites. In instances where Provider does review the sites that are displayed in directories, indices, and/or references, or where makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed by third parties.
(5) Provider occasionally receives requests from people to remove links from its catalogues. Although Provider reserves the right to address such requests individually, the general approach that Provider takes reflects the following principles: Provider’s catalogs consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of website information added, deleted and changed on a frequent basis, Provider cannot and does not screen anything made available through its catalogues. In other instances, Provider makes available directories, indices and references consisting of content that has been identified, indexed and compiled by humans. For each website reflected in Provider’s catalogues, if either (a) a site owner restricts access to his or her website or (b) a site is taken down from the web, then, on receipt of a request by the site owner in the first instance, and either the site owner or a third party in the second instance, Provider would remove the link to that site from its catalogues. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the catalogues are likely to find it and index it again in a relatively short amount of time. The steps necessary to prevent a site from being included in the catalogues are described on www.betterflipflop.com/FAQ.
6. Pictures and Sounds Located Through the Provider’s Search Services
Provider does not have the right to authorize you to publish or republish any photographs, images, or audio or video files (the “Content”) accessed through the search services offered on the Provider’s Network. All of the Content, which users locate by searching on Provider’s Network, is owned and served by entities other than Provider provides you with the URL or address of the Content; this information may be used to determine the server of the Content. If you intend to make use of any Content accessed through our site for commercial or non-commercial purposes, we strongly suggest that you contact the server of the Content for permission to use the Content.
7. The Provider’s Image Gallery
These are copyrighted photographs and may be subject to certain other legal rights. You may utilize each photograph for personal (not commercial) use only, and only in a printed or digitized literary work as a news report or editorial. You may not create derivative works from a photograph, display or distribute copies of it, publish it, use it in a performance, modify it in any manner except size, or, if the particular photograph relates to identifiable persons or entities, you may not use it in a manner which suggests their association with or endorsement of any product, service, opinion or cause. For information on commercial use permissions email: firstname.lastname@example.org.
8. No Licence
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any licence under any of Provider’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver or otherwise.
9. Copyright, Trademark and Patent Notices
All marks that appear throughout the Products and Services belong to Provider, members of the Network or the respective owners of such marks, and are protected by Canadian, U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Provider or the owner of the mark, as appropriate, is strictly prohibited.
10. Arbitration, Governing Law and Forum for Disputes
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Province of British Columbia, Canada applicable to contracts entered into and wholly to be performed within said province. Any controversy or claim arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Province of British Columbia, Canada. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the City of Vancouver, British Columbia, Canada, and judgment on the arbitration award may be entered into in a Vancouver, British Columbia, court having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in Vancouver, British Columbia, Canada. The courts sitting in Vancouver, British Columbia, Canada shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the courts sitting in Vancouver, British Columbia, Canada, with respect to all such disputes.
11. Intellectual Property Infringement Claims (U.S. Provisions)
(1) It is the policy of Provider to respond expeditiously to claims of intellectual property infringement. Provider will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. On receipt of notices complying or substantially complying with the DMCA, Provider will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Provider will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to: email@example.com.
(2) Please put “Notice of Infringement” in the subject line of all such notifications.
(3) When Provider removes or disables access to any material claimed to be infringing, Provider may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Provider makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. Provider will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Provider replaces or restores access to any material as a result of any counter notification.
12. Professional Information
(1) Provider makes available certain information provided by third parties related to various professional fields such as medicine, law and accounting. Provider does not give advice in any such fields and in no way endorses any of the information provided in this manner.
(2) IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through the Network is made available subject to Provider’s Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above.
(3) PROVIDER STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
13. Indemnity and Release
By using the Provider’s website you agree to indemnify Provider and its affiliates, officers and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the Provider’s websites. By accessing the Provider’s websites you are agreeing to release Provider and its parents, subsidiaries, affiliates, officers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. You agree to waive all laws that may limit the efficacy of such releases.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject-matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Provider’s representations and you with respect to the subject-matter hereof; except that any other terms and conditions located on any third party website are incorporated in this Agreement by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular website and any products or services available on or through the website at which those other provisions may be found.
15. Violations of Terms and Conditions
(1) Should you violate these Terms and Conditions or any other rights of it, Provider reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Provider’s websites. If Provider should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
(2) If you are aware of any violations of these Terms and Conditions, please report them to:
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