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Terms and Conditions

The use of this site is governed by the policies, terms and conditions as set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your registration on this site via placement of an order indicates your acceptance of these terms and conditions.


Copyright


This site is owned and operated by e-Commerce Made Simpler Inc, LLC (herein referred to as "eMS"). Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of eMS, ALL RIGHTS RESERVED. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by eMS.


Trademarks


All trademarks, service marks and trade names of eMS used on the site are trademarks or registered trademarks of eMS.


Warranty Disclaimer


This site and all products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, eMS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. eMS does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. eMS does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability


eMS shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if eMS has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors


In the event that eMS lists a product at an incorrect price, either by a typographical error or an error in pricing from one of our suppliers, eMS reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. eMS reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is then cancelled, eMS shall immediately issue a credit to your credit card account in the amount of the incorrect price.


Term: Termination


These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by eMS without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice


eMS may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to eMS.


Third-Party Links


In an attempt to provide increased value to our visitors, eMS may link to sites operated by third parties. You acknowledge that eMS is not responsible for the operation of or content located on or through any such site.


Miscellaneous


Your use of this site shall be governed in all respects by the laws of Quebec, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of eMS products) shall be in the courts located in Quebec. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of eMS products) must be commenced within one (1) year after the claim or cause of action arises. eMS’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. eMS may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site


Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an eMS or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer


eMS does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, eMS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, eMS reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to eMS in its sole discretion.


Indemnification


You agree to indemnify, defend, and hold harmless eMS, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

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