These Terms apply to your access to, and use of, all or part of any website or mobile application of Libramen Naturals Inc. or their respective subsidiaries and affiliated companies (collectively, “Libramen Naturals Inc.”), including (name of the website) and any other website, mobile application or online service where these Terms are posted (collectively, the “Site”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Libramen Naturals Inc. for products, services or otherwise.
The Site is not targeted towards, nor intended for use by, anyone under the age of 13. A User must be at least the age of 13 to use the Site. If the User is between the ages of 13 and the age of majority in his or her province/state of residence, he or she may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
Copyright, Trademarks, and User License
Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the Libramen Naturals Inc. logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the property of Libramen Naturals Inc. and are protected by Canadian and international copyright laws.
Libramen Naturals Inc., the Libramen Naturals Inc. logo, and other Libramen Naturals Inc. trademarks, service marks, graphics, and logos used in connection with the Site are trade names, trademarks or registered trademarks of Libramen Naturals Inc. Corporation (collectively “the Marks”). The Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Libramen Naturals Inc.. The Site and its content are protected by copyright, trademark, patent, trade secret, international treaties, provincial and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Libramen Naturals Inc.. All rights not expressly granted are reserved.
Subject to these Terms, Libramen Naturals Inc. grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Site for personal use only in accordance with these Terms (“User License”). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith These Terms and User License also govern any updates to, or supplements or replacements for, the Site, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
The Price of any Libramen Naturals Inc. product is quoted on the Site from time to time, subject to applicable provincial/federal/state taxes, and is subject to change.
Any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers) (“User Information”) transmitted in connection with the Site is limited to the contemplated functionality of the Site.
The User agrees to defend, indemnify, and hold harmless Libramen Naturals Inc., other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors (“Libramen Naturals Inc. Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims”) that arise from or relate to the User’s use or misuse of the Site, violation of these Terms, or your conduct in connection with the Site. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a Libramen Naturals Inc. Indemnitee’s sole negligence. Libramen Naturals Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
LIBRAMEN NATURALS INC. IS PROVIDING THE SITE TO THE USER “AS IS” AND THE USER IS USING THE SITE AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, LIBRAMEN NATURALS INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITE ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL LIBRAMEN NATURALS INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM LIBRAMEN NATURALS INC.), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LIBRAMEN NATURALS INC.’ RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITE.
Modifications to the Site
Libramen Naturals Inc. reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Libramen Naturals Inc. will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
Any dispute or claim arising out of or relating to these Terms or use of the Site and your relationship with Libramen Naturals Inc. or any affiliated company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) must first be made known to Libramen Naturals Inc. in writing. Libramen Naturals Inc. shall first try to resolve all disputes in good faith. If a dispute cannot be resolved within 60 days, it shall be resolved by binding arbitration.
There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.
Governing Law and Jurisdiction
These Terms and use of the Site are governed by the laws of Canada and the law of the Province of Ontario applicable therein, without resort to conflict of law provisions.
Notwithstanding any of these Terms, Libramen Naturals Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. Libramen Naturals Inc.’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Libramen Naturals Inc. reserves the right to change or modify these Terms or any other Libramen Naturals Inc. policies related to use of the Site at any time and at its sole discretion by posting revisions on the Site. Continued use of the Site following such changes or modifications to the Terms or other Libramen Naturals Inc. policies will constitute acceptance of such changes or modifications.
If any provision of these Terms shall be deemed 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.