By accessing or using the Website, You signify that You have read, understand and agree to be bound by this document (these “Terms and Conditions” or this “Agreement”), whether or not You are a registered member of the Website. You are only authorized to use the Website (regardless of whether Your access or use is intended) if You agree to abide by all applicable laws and to this Agreement. Kawartha TV & Stereo (hereafter “We” or “Our”) reserve the right, at Our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If We do this, We will post the changes to these Terms and Conditions on the Website. Your continued use of the Website after any such changes constitutes Your acceptance of the revised Terms and Conditions. Except where stated otherwise, the terms “Kawartha TV & Stereo”, “We”, and “Our” used on the Website and in this Agreement shall be deemed to also include Kawarth TV & Stereo’s affiliates, subsidiaries, successors and assigns.
If You do not comply with this Agreement at any time, We reserve the right to cancel or terminate Your access to the Website (or any part thereof) and/or Your user account, if any. In Kawartha TV & Stereo’s sole discretion and without prior notice or liability, We may discontinue, modify or alter any aspect of the Website including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of Your access to, or use of, the Website may be effected without prior notice. If You do not abide by the terms of this Agreement, You agree that we may immediately deactivate or delete Your user account, if any, and all related information and/or files in Your user account and/or bar any further access to such information and/or files and/or the Website (or part thereof). Further, You agree that We shall not be liable to You or any third-party for any termination or cancellation of Your access to, or use of, the Website. You acknowledge that Your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Website, or any policies or practices by Kawartha TV & Stereo in providing the Website, including without limitation any change in content, is to cease using the Website and cancel or terminate Your subscription or registered user account, as applicable. Although We do not constantly monitor the Website, We expressly reserve the right to do so.
From time to time, We may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
This Website is controlled by Kawartha TV & Stereo from their place of operation within the Province of Ontario, Canada. The Website can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Ontario, by accessing the Website, You agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that You do so voluntarily and are responsible for complying with all local laws.
Certain portions, components, content and features of the Website are only available to individuals who register with Kawartha TV & Stereo and create a user account on the Website (each, a “Registered User”). If you are a Registered User then You agree to the following:
(i) In consideration of Your use of the Website, You represent that You are eighteen years of age (18) or older and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Website (the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Indigo has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).
(ii) Please choose carefully the information You post on the Website and that You provide to other users. Your profile may not include text and/or any photographs which contain nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other users (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and We assume no responsibility or liability for this material. You are solely responsible for Your interactions with other users of the Website.
(iii) Registered Users will receive a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to
(a) immediately notify Kawartha TV & Stereo of any unauthorized use of Your password or account or any other breach of security, and
(b) ensure that You exit from Your account (“log out”) at the end of each session.
(iv) As a Registered User of the Website we may, from time to time, email to you publicly available information about other Registered Users of the Website, at our discretion.
(vi) As a Registered User of the Website, you agree that you are responsible for managing your personal information and email settings associated with your account, which you can access by clicking on your account name in the top-right hand corner of any page or by clicking the appropriate link at the centre of the bottom of any page (under the “My Account” heading) while you are signed in.
Your privilege to use the Website depends on Your compliance with the Website Policies. We may revoke Your privileges to use all or a portion of the Website and/or take any other appropriate measures if violations are brought to Our attention.
We reserve the right to monitor some, all, or no areas of the Website for adherence to the Policies or for any other purpose.
All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Website Content”), are the proprietary property of Kawartha TV & Stereo and its licensors, with all rights reserved. None of the Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Kawartha TV & Stereo’s prior written permission.
Provided that You are eligible for use of the Website and subject to these Terms and Conditions, You are granted a limited license (the “Access License”) to access the Website and the Website Content and to download or print a copy of any portion of the Website Content to which You have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish any of the Website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation in any form, and any other use of the Site Content is strictly prohibited. The foregoing Access License is subject to these Terms and Conditions and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of Kawartha TV & Stereo, is strictly prohibited and will terminate the Access License granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This Access License is revocable at any time without notice and with or without cause by Kawartha TV & Stereo.
Kawartha TV & Stereo, Kawartha TV & Stereo Parts & Service, www.kawarthatv.com, and the Kawartha TV & Stereo logo are the exclusive intellectual property of Kawartha TV & Stereo and its licensors, with all rights reserved. All other trademarks, product names and company names or logos cited herein are the property of their respective owners, with all rights reserved.
The Website contains (or You may be sent through the Website) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Kawartha TV & Stereo, and We are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, made available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Kawartha TV & Stereo. If You decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our Terms and Conditions, as well as any other Policies, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Website or relating to any applications You use or install from the Website.
By including a link to the Website on a Third Party Site, User automatically grants, and represents and warrants that it has the right to grant, to Kawartha TV & Stereo an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Website in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which User places the link.
THE WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. KAWARTHA TV & STEREO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SITE CONTENT. KAWARTHA TV & STEREO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEBSITE, THE USER EXPRESSLY ACKNOWLEDGES THAT (i) KAWARTHA TV & STEREO MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEBSITE KAWARTHA TV & STEREO INCLUDES LINKS TO THIRD PARTY SITES OVER WHICH KAWARTHA TV & STEREO HAS NO CONTROL. KAWARTHA TV & STEREO PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH THIRD PARTY SITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST KAWARTHA TV & STEREO WITH RESPECT TO SUCH THIRD PARTY SITES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE REPORTS FILED BY KAWARTHA TV & STEREO WITH THE SECURITIES REGULATORY AUTHORITIES OF EACH PROVINCE OF CANADA AND LISTED ON THE WEBSITE AND/OR LINKED TO THE WEBSITE SPEAK ONLY AS OF THE RESPECTIVE DATES ON WHICH THEY ARE FILED OR USED BY KAWARTHA TV & STEREO. THE CONTENTS OF THOSE REPORTS CAN BECOME OUT-OF-DATE. KAWARTHA TV & STEREO MAKES NO COMMITMENT, AND DISCLAIMS ANY DUTY, TO UPDATE ANY OF THOSE REPORTS.
EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NONE OF KAWARTHA TV & STEREO OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
WHILE WE TAKE GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.
KAWARTHA TV & STEREO RESERVES THE RIGHT TO LIMIT QUANTITIES ON ANY AND ALL PRODUCTS.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions; or (b) the relationships which result from these Terms and Conditions (collectively, the “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.
In any action against us arising from the use of the Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The Website Policies, including but not limited to these Terms and Conditions, constitute the entire agreement between You and Kawatha TV & Stereo relating to the subject matter herein.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.