You expressly acknowledge that John Livitski Enterprises Inc. (the “Company”) has entered into this User Agreement, and has and will make certain content and services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the agreement between you and the Company.
You expressly agree that the indemnities, limitations, exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of your User Agreement.
Please be advised: This User Agreement contains provisions that govern how claims you and the Company have against each other are resolved: See Limitations of Liability section
INTERPRETATION AND JURISDICTION
Headings are for reference purposes only and do not limit the scope or extent of such Section.
This User Agreement will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this User Agreement.
Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
The Company has the sole discretion to assign this User Agreement, by providing notice of such assignment.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof.
The Company may amend this User Agreement at any time by posting the amended terms on the site. Their right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement, including terms related to fees and charges. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted.
USE IN CANADA ONLY
This website contains information intended only for residents of Canada. Other countries may have regulatory requirements which are different than those in Canada. Therefore, this information may not be appropriate for use outside Canada. The Company is controlled, operated and administered from its offices within Canada.
The Company makes no representation or warranty that a Company property or any of the Services are appropriate or available for use at any locations outside Canada. If you access Company property or information from outside Canada, you are responsible for compliance with all applicable laws.
Documents displayed by the Company on the site such as text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, and portions thereof, may not be copied, reproduced, published, translated, modified, distributed or otherwise used in any form without the express written consent of the copyright owners other than for non-commercial individual reference with all copyright or other proprietary notices retained. The compilation of all content on this site is the exclusive property of the Company and is protected by Canadian and international copyright laws.
All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered and whether or not appearing in large print or with the trademark symbol, are owned by and/or proprietary to the Company and/or its subsidiaries, affiliates or other designees, or other third party owners who have granted the Company the right and license to use its marks (“Third Party Marks”).
You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner. This includes use of the sites address or Marks in page text, as key words, meta tags or any other “hidden text.” The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
Other product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of the Company and/or its subsidiaries, affiliates or other designees and may not be used in connection with any other product or service in any manner, but especially not in a manner that is likely to cause confusion in the marketplace or in any matter that disparages or discredits the Company or its affiliated companies. Further, please be advised that the Company actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Welders Pocket Pal™ is a trademark of John Livitski Enterprises Inc.
Products and systems displayed on this site or portions thereof are covered by U.S. Patent No. 9,494,402 and Canadian Patent No. 2,840,771.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) THE INFORMATION EXPRESSED ON THE COMPANY WEBSITE (the “SITES”) IS FOR INFORMATION PURPOSES ONLY. YOUR USE OF THE SITES AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
b) THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.
c) THE COMPANY MAKES NO WARRANTY (i) THAT THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR TIMELY, THAT THEY ARE SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS.
d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
f) THE COMPANY IS NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITES OR PROVIDED WITH THE PRODUCT PACKAGING.
This website may include links to other third party websites. We cannot guarantee the standards of every website link we provide or be responsible for the content of non-Company sites. Links to these sites should not be taken as an endorsement of the sites or an association with their owners. Links to such sites are provided solely for reference or convenience purposes and the Company makes no warranties or representations as to the reliability and accuracy of the content contained in any other site. The Company encourages you to conduct your own independent review of the linked sites and read their privacy policies and terms and conditions of use statements.
All users agree that all access and use of such other sites and the content thereof is at their own risk. The Company shall not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use the other sites, or any errors or omissions in the content thereof.
You release the Company (and its affiliates and subsidiaries, and its and their respective officers, directors, employees, and agents) from claims, demands, and damages (direct actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes related to information on the sites.
You expressly understand and agree that:
a) Neither the Company nor any party involved in creating, producing or delivering the Company’s sites, shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use the sites, or any errors or omissions in the content thereof.
b) You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this RELEASE to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this USER AGREEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
REGARDLESS OF ANY TERM IN THIS USER AGREEMENT, IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE GREATER OF (a) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE, OR (b) THE COST OF THE PRODUCT PURCHASED FROM THE COMPANY.